Federalism
Why Federalism?Would correct the defects of the
ArticlesProtect Liberty:
◦Framers argued that it was part of the system of checks and balances Hamilton Federalist No. 28 Madison Federalist No. 46
Limited government◦Assigning powers to the national
government and reserving others to the states Madison Federalist No. 10
Three Systems of Government
Unitary◦National government alone has sovereign
authority
Federal◦Authority is divided between two
sovereign levels of government: national and regional
Confederate◦Sovereignty is vested entirely in
subnational (state) governments
Lines of Power in the Federal System of Government
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Lines of Power in the Federal System of Government
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Figure 3.1 Lines of Power in the Federal System of Government
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Federalism as a Governing System
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The Founding
A Bold New Plan: A “federal republic” for which there was no precedent
Elastic Language
Congress shall have the power to “make alllaws which shall be necessary and proper forcarrying into execution the foregoing powers.”-from Article I
National Powers
Expressed (Enumerated) PowersArticle I, section 8 17 enumerated
(expressed) powers specifically granted to the federal government by the Constitution
Article 1, section 10 – prohibited encroachment by states on national powers
Article II, section 2 – assigns president powers
Article III – Judicial powers
Implied PowersArticle I, Section 8, Clause 18
◦“necessary and proper clause” or elastic clause
◦Powers not listed in the Constitution but are related to the exercise of the powers that are listed
Inherent Powers◦US is a sovereign nation◦Under international law, all nation
states have right to make treaties, wage war, acquire territory
◦President derives these from Article II Curtiss Wright Export v US
National and State Powers
Concurrent PowersConcurrent Powers
◦Exercised by both national and state Power to tax, borrow money, establish
courts
State Powers
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Reserved Powers10th Amendment (1791)
◦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. Licensing doctors, teachers Establishing public schools Police Marriage Safety and general welfare
Other PowersProhibited Powers
◦Powers denied to the national government, state, or both Fed cannot tax exports, states cannot make
treaties with foreign countries
War PowerRegulate interstate and foreign
commerce◦Commerce clause (Article I, sect.
8,clause 1)Power to Tax and Spend
Establishing National Supremacy
Supremacy ClauseArticle VI Section 2Implied Powers
◦McCulloch v Maryland (1819)
Nullification & Civil WarStates’-Rights View:
◦Nullification Crisis◦Dred Scott (1857)
Commerce ClauseCommerce Clause
◦Gibbons v Ogden (1824)Expansion of the Commerce
Clause◦Heart of Atlanta Motel v US (1964)◦Katzenbach v McClung (1964)◦US v Lopez (1995)◦United States v Morrison (2000)◦Gonzales v Raich (2005)
U.S. History of Federalism
Dual Federalism 1860s-1930s System of government which the national and state
governments remain supreme in their own spheres. Know as the “layer cake” federalism The Fourteenth Amendment and State Discretion
◦ Intended to protect newly freed slaves from state governments discriminatory action
◦ Plessy v Ferguson sanctioned government-based racial segregation in the south
Judicial Protection of Business◦ Business corporations protected under 14th amendment◦ Narrowed interpretation of the commerce clause
interstate commerce= “transportation” of goods Intrastate commerce= “manufacturing” of goods Supreme court restricted national power
National Authority Prevails◦ FDR’s polices with the Great Depression
Cooperative federalism1930s-1970sSystem of government which the
national and state governments work together to complete projects.◦Ex. Interstate highway program
Known as “marble cake” federalism◦Shared policy responsibilities
National, state, and local levels work together Medicaid: health insurance for the poor Education Law enforcement Transportation
Devolution1969 with NixonMovement to transfer
responsibilities of governing the federal government to state and local governments
The Republican Revolution◦Welfare Reform Act 1996
States run their own welfare program
JudicialUS v Lopez
Competitive Federalism
Fiscal Federalism Expenditure of federal funds on programs run through state
and local governments Grants-in-aid
◦ Money and resources provided by the federal government to state and local governments
Roads, railroads, canal building Categorical Grants
◦ only for specific projects Block Grants
◦ education, health care, public services◦ greater freedom, state prefer over other grants
Mandates◦ Requirements imposed by the national government on
state and local governments ADA NCLB is a “unfunded mandate”
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