Federalism

The relationship between the national and state governments

Federalism

The Founders chose a federal system of government where authority is divided between the national and state governments

This was a pragmatic solution because it balanced the concerns of advocates of state’s rights with those who wanted a strong central government.

Forms of Government Rejected

The Founders rejected a unitary form of government, where state governments only have power given to them by the central government

The Founders also rejected a confederation, where the national government only had very limited authority over the states.

Vertical Checks and Balances

Federalism has sometime been defined as a series of vertical checks and balances.

The Constitution spells out which powers belong to the national government

The 10th amendment says that powers not delegated to the US government are reserved for the states.

Judicial Review

In 1803 the Supreme Court under John Marshall claimed the power to review laws and declare them unconstitutionalThe case was Marbury v Madison, in which the court ruled that a particular provision of an act of Congress was unconstitutional

Marbury v Madison

John Adams appointed a number of judges during his lame duck session.When Jefferson took office he tried to block many of Adam’s appointments.One appointee, William Marbury petitioned the court to be seatedHowever the Supreme Court said the judiciary act of 1789 was unconstitutional and therefore, Marbury never received his post.

Dual Federalism

Prevalent in the 19th and early 20th century

This is a doctrine emphasizing the difference between federal and state spheres of authority

Idea supported by supporters of “states’ rights.”

Cooperative Federalism

Began with the New Deal

Emphasizes cooperation between the state and federal governments

Sometimes referred to as “marble cake” federalism or in the 60’s and 70’s “picket fence” federalism

Cooperative Federalist Programs

Categorical Grants - federal funds given to states for specific programs

Block Grants - federal funds given with fewer restrictions than categorical grants

Federal Mandates- federal laws requiring states to follow certain rules

Enumerated or Expressed Powers

Enumerated powers or expressed- are those powers specifically stated in the Constitution. Article 1 Section 8

Establish rules for naturalization

Coin money

Regulate Commerce

Declare War

Implied Powers

Necessary and Proper clause Article 1 section 8 - (sometimes called elastic clause) gives the Congress powers inferred or implied but not spelled out in Constitution“To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”

Examples of implied powers

Build interstate highway system or establish a national banking system.

McCullough v. Maryland

First test: McCullough v. Maryland (1819) Supreme Court struck down Maryland’s right to tax the National Bank. Marshall said the US government had the implied power to set up a bank.

Inherent Powers

This is a special category of powers, often disputed, deriving from the idea that the we are sovereign nation and must defend ourselves from enemies both foreign and domestic.

It is not explicitly spelled out in Constituion, but is It usually is used in terms of the President’s powers as commander in-chief.

Supremacy Clause

The Supremacy Clause (Article VI, clause 2) establishes the supremacy of the national laws over state and local laws

The most famous challenge to this clause was the secession of southern states.

Powers of the States

Derived from 10th amendment

Powers include police power, education, and various powers related to the health, safety, and welfare of state residents

Concurrent Powers

These are powers shared by the national and state governments including:Power to taxPower to establish courtsPower to borrow money and charter banks

Interstate Relations

These laws govern relationships between states including:

Full faith and credit - each state honors the other states’ records and court decisions

Privileges and immunities - extend to other state’s citizens the rights of your state

Extradition -return people fleeing from justice

Commerce Clause

Congress has the power to regulate trade or commerce between states and between the US and other nations

Gibbons v. Ogden (1824) Supreme Court ruled that the national government had the exclusive power to regulate commerce between states

Devolution

Devolution refers to returning national power to the statesStrongly supported by the Republicans in the 1990’sOften called “New Federalism”- included the movement of categorical grants to block grants