What is Federalism?

Federalism is where government power is divided and shared between the national government and the states.

American FederalismMarble Cake or Layer Cake?

Pragmatic mixing of authority and programs among the national, state and local governments

Based on a clear delineation of authority and programs among the levels of government

Marble Cake

Lancaster County School Districts

17 districts

The Powers of Government

– Exclusive powers

– Shared powers (concurrent powers)

– Denied powers

– Reserved powers

– Enumerated powers

– Implied powers

ENUMERATED powersThe powers of the federal government include the

power to:• lay and collect taxes • provide for the national defense and make

regulations for the military• regulate commerce with foreign nations, among

the states, and with Indian tribes• coin money and regulate the value thereof• declare war• establish post offices• issue copyrights and patents

Implied Powers

• The central government may make all laws which shall be necessary and proper for carrying into execution the enumerated powers.

• The necessary and proper clause has often been used to expand the powers of the national government (elastic clause).

State Powers- Reserved Powers• Most come from the Tenth Amendment that

says: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." – Typically things affecting health, safety, and morals

Concurrent powers

• powers shared with national government.– right to tax, – borrow money, – establish courts– make and enforce laws

Interstate Relations

• “By the power invested in my by the Full Faith and Credit Clause, I declare this marriage valid in all states. You may kiss the dude!”

•Full Faith and Credit Clause •Privileges and Immunities •Extradition •Settlement of Disputes

States must recognize

• Drivers’ Licenses

• Divorce

• Marriages? (until 1993 in Hawaii)

• Child custody rulings

Denied Powers

• List of powers denied to the federal government.– Ex Post Facto Laws– No taxing state exports

• List of powers denied to the states.– Coin money– Declare war

Federal Grants

• (Unfunded) Mandates: laws passed by the federal government dictating that state or local governments must comply with federal regulations (e.g., air/water standards) under threat of civil/criminal penalties or loss of federal funds.

Evolution of Federalism

• The Supreme Court in its role as interpreter of constitution has been a major player in the redefinition of our Federal system.– McCulloch v. Maryland (1819)

• states can’t tax the federal government.

– Gibbons v. Ogden (1824)• Congress can limit the state’s influence on commerce.

– Dred Scott v. Sandford (1857)• Congress can’t make decisions for states.

McCulloch v. Maryland (1819)

• McCulloch was the first major decision by the Supreme Court under Chief Justice John Marshall about the relationship between the states and the national government.

• The Court upheld the power of the national government to establish a national bank and denied the right of a state to tax the bank. “The power to tax is the power to destroy.”

• The Court’s broad interpretation of the necessary and proper clause paved the way for later rulings upholding expansive federal powers.

Gibbons v. Ogden (1824)

• The Gibbons case centered on the conflict between the states and the powers of Congress.

• Could New York grant a monopoly concession on the navigation of the Hudson River? The Hudson River forms part of the border between New York and New Jersey and the U.S. Congress also licensed a ship to sail the Hudson.

• The main constitutional question in Gibbons was about the scope of Congress' authority under the Commerce Clause (Article I, sec. 8: “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes”)

• In Gibbons, the Court upheld broad congressional power over interstate commerce.

Dred Scott v. Sandford (1857)

• The Supreme Court articulated the idea of dual federalism in which separate but equally powerful levels of government is preferable, and the national government should not exceed its enumerated powers.

• The Taney Court held that Mr. Scott was not a U.S. citizen and therefore not entitled to sue in federal court.

• The case was dismissed and Scott remained a slave. • Chief Justice Roger Taney further wrote that Congress

had no power to abolish slavery in the territories and slaves were private property protected by the Constitution. MO Compromise was unconstitutional.

Newspaper Assignment

• Find 4 articles that have to do with federalism (different levels of governmental power)

• For each, write the title, and a 3 sentence summary of the article.

• Also list whether this is an example of the Federal, State or Local government exercising its power.