Federalism

National Government

Vs.

State Government

Federalism Defined

• A political system in which authority to govern is divided between different levels of government.– National government – Congress, President,

Courts– State Government - State Legislature,

Governor, State Courts– Local Government – County Commissioners,

Mayor, Municipal Courts

Other Systems of Government

• Unitary Government - All real power lie with the national government.– Local governments exist to carry out national

law

• Confederation – All real power lie with local or state government.– U.S. Prior to Constitution, “League of

Friendship”

How it works in the U.S.

• The Constitution outlines the powers given to both the state and National Governments– Article 1 Section 8 – enumerated powers of congress– Article 1 section 9 – denies certain powers to national

government– Article 1 section 10 – denies certain powers to state

government– Article 6 contains the supremacy clause– 10th amendments – Reserved powers gives states the

authority over anything not mentioned in Constitution.

U.S. Government Power

National Powers Concurrent Powers State Powers

Admit new statesCoin moneyDeclare war

Necessary and ProperRegulate CommerceRaise and Maintain

Army and Navy

Borrow MoneyRegulate banksCollect Taxes

Establish courtsEstablish Highways

Pass and Enforce LawsEminent Domain

Conduct Elections/voter qual.Maintain Militia

EducationRatify Amendments

Intrastate CommerceEstablish local governmentProvide for public health

Dual Federalism

• Layer Cake – Distinct differences between the powers of the

national and state governments– Most closely associated with the U.S. up until

about 1900– Follows most closely a strict interpretation of

the constitutional powers

Cooperative Federalism

• Marble Cake– National and state governments are

interdependent– Cooperation between the national and state

levels– National government tends to play the

dominant role in Cooperative Federalism through $

Fiscal Federalism

• National Governments control of state and local government through spending, taxing and grants– Grants in aid - $ to the states

• Categorical Grants – $ given to states for specific purposes often times comes with strings attached (EOA of 1982, MADD)

• Block Grants - $ automatically given to states• Project Grants - $ awarded for specific project based on

merit of applications• Formula Grants – Medicaid, Child nutrition, Public Housing• Mandates – National Government requires states to do

something sometimes funded, sometimes unfunded (NCLB)

Devolution

• Transferring responsibility for policies from national government to state and local governments, tends to be a more conservative approach to government– Ronald Reagan– George Bush

McCulloch v. Maryland Facts

• Maryland enacted a statute imposing a tax on all banks operating in Maryland not chartered by the state.

• The Second Bank of the United States was established by an 1816 act of Congress. McCulloch, the cashier of the Baltimore branch of the Bank of the United States refused to pay the tax.

• Maryland sued McCulloch for failing to pay the taxes due

McCulloch v. Maryland Issues

• Does Congress have the power under the Constitution to incorporate a bank, even though that power is not specifically enumerated within the Constitution?

• Does the State of Maryland have the power to tax an institution created by Congress using its powers under the Constitution?

McCulloch v. Maryland Ruling

• Yes. Congress has power under the Constitution to incorporate a bank pursuant to the Necessary and Proper clause (Article I, section 8).

• No. The State of Maryland does not have the power to tax an institution created by Congress using its powers under the Constitution (Article 6, Supremacy Clause)

Gibbons v. Ogden Facts

• New York granted Robert R. Livingston and Robert Fulton the exclusive right of steam boat navigation on New York state waters. Livingston assigned to Ogden the right to navigate the waters between New York City and certain ports in New Jersey.

• Ogden brought this lawsuit seeking an injunction to restrain Gibbons from operating steam ships on New York waters in violation of his exclusive privilege. Ogden was granted the injunction and

• Gibbons appealed, asserting that his steamships were licensed under an Act of Congress Gibbons asserted that the Act of Congress superseded the exclusive privilege granted by the state of New York.

Gibbons v. Ogden Issues

• May a state enact legislation that regulates a purely internal affair regarding trade or the police power which confers a privilege inconsistent with federal law?

• Does a state have the power to grant an exclusive right to the use of state waterways inconsistent with federal law?

Gibbons v. Ogden Ruling

• No. A state may not pass legislation inconsistent with federal law which regulates a purely internal affair regarding trade or the police power.

• No. A state does not have the power to grant an exclusive right to the use of state navigable waters inconsistent with federal law.

Article 4

• Full Faith and Credit– State governments must recognize the public acts,

records, and judicial proceedings of other states

• Extradition– Returning a fugitive criminal to the state where the

crime is said to have been committed.

• Privileges and Immunities– States cannot discriminate against citizens of other

states.