The Federal System in the United States Module 2.2: Powers & Limits of the US Federal Government.
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Transcript of The Federal System in the United States Module 2.2: Powers & Limits of the US Federal Government.
The Federal System in the United States
Module 2.2: Powers & Limits of the US Federal Government
Basic Relationships in a Federal System
• Vertical Federalism– Between strong states and a
strong central government
• Horizontal Federalism– Between and among the
states
• Most disputes in applying federalism focus on the Vertical relationship
State A
Federal Gov’t
State CState B
Classes of Power in The United States
• Classes of power– Enumerated
• Express – Article 1 section 8, clauses 1-17, Amendment 16
• Implied – Article 1 section 8, clause 18
– Concurrent • compare federal constitution with state constitutions
– Reserved • Amendment 10, 21
– Denied (or prohibited)• To central government
– Article 1.9, Amendments 1-8,13,15,19,24,26,27• To member states
– Article 1.10, Amendments 13-15,19,24,26
Foundations
• McCulloch v. Maryland (1819)– Baltimore Branch of the Bank of the United States, a
federal agency, shut down by Maryland tax collectors– Maryland claims concurrent power
• To tax• To regulate commerce
– SCotUS decision:• concurrent power does exist
BUT• States cannot tax federal government agencies
– Recognizing this power would mean individual states could overwhelm and destroy federal government
Foundations
• Gibbons v. Ogden (1824)– Gibbons operates a Fulton steam ferryboat between
NY and NJ with exclusive NY charter– Ogden obtains a license to operate boats in interstate
waters from the federal government– Gibbons claims Ogden charter violates exclusive
charter from NY– SCotUS decision:
• US charters apply in states– Provided commerce crosses state lines
– Sets stage for Dual Federalism
The Tension • Preemption
– The assumption of powers by central government
• Legislative• Executive• Regulatory
– Previously held by states– Reinforced by Supremacy Clause in
Article 6• Devolution
– The transfer of powers from central government
• Legislative• Executive • Regulatory
– Return powers to states• Recognize reserved state powers
– Reinforced by Amendment 10
State A State CState B
Federal Gov’t