Federalism
1
Overview
What is federalism?
A relationship between national, state
and local governments
Divides power between national
government and the states
Each level of government is
independent w/ own powers and
responsibilities
Overview
Why federalism?
The Framers were dedicated to the
concept of limited government. They
were convinced
1. that governmental power poses a threat to
individual liberty,
2. that therefore the exercise of governmental power
must be restrained, and
3. that to divide governmental power, as federalism
does, is to curb it and so prevent its abuse.
Constitutional Basis
How was federalism established in the
U.S. Constitution?
Created in the way the constitution
allocates powers
Delegated Powers
• Expressed
• Implied
• Inherent
Expressed Powers
Known as Enumerated Powers
Powers that are explicitly granted to
Congress
Listed in Article 1, Section 8
Clauses 1-18 list powers such as:
o
o
o
o
Declare war
Coin money
Levy taxes
Regulate interstate commerce
Implied Powers
Elastic Clause
Article 1, Section 8 also gives Congress
power to do anything “necessary and
proper” to carry out its duties
Examples of national bank and air force
Inherent Powers
Powers a sovereign nation needs to
function
Found in preamble
Examples of national defense and
foreign relations
Reserved Powers
Tenth Amendment established federal
system
Powers that are not granted to national
government and not prohibited to state
governments are “reserved to States.”
Let’s Review
What are the delegated powers given to
the national government?
What is the significance of the 10th
Amendment?
What are reserved powers?
Division of Powers
Full Faith and Credit
Article IV states:
Each state must respect the laws of
other states.
Examples:
• Driver licenses, public records, court decisions
It gives power and limits it.
How?
Privileges and Immunities
Article IV states:
States cannot discriminate against
citizens from other states
Examples:
• Welfare payments
Also repeated in 14th Amendment
Federalism and the States
What’s in it for the states?
It guarantees:
• Republican form of government
• Protection against invasion
• Protection against domestic violence
• Respect for territorial integrity
Supremacy Clause
Established Constitution as supreme
law of the land
Why is it necessary?
• Conflict expected w/ dual system of
government
• Ladder of laws
Supreme Court Cases
Court often applies elastic clause and
supremacy clause to settle disputes
Two landmark cases:
• McCulloch v Maryland
• Gibbons v Ogden
McCullough v Maryland
McCullough v Maryland
Background
First time Supreme Court settled dispute between a
national and state law
Maryland passed law that put a tax on local branch
of National Bank
Elastic Clause
Supremacy Clause
Gibbons v Ogden
Background
Dispute between steamboat operators over exclusive
rights granted in different states
Supreme Court held that the power to regulate
interstate commerce was granted to Congress
Started a period which the SC limited the
government's ability to regulate under the Interstate
Commerce Clause
Elastic Clause
Supremacy Clause
Changes in Federalism
Changes in Federalism
Dual to Cooperative
The financial resources of the national government
are necessary to bring about social and economic
change.
• Great Depression - commerce power
o minimum wage/maximum hour laws
o collective bargaining rights (right to form unions)
• Civil Rights Act 1964
o ends discrimination by private individuals or
businesses engaged in interstate commerce.
Changes in Federalism
Fiscal Federalism
Carrot and Stick Policy
• Speed Limits, Alcohol, DUI
o Highway taxes
• Shared Administration
o Programs where both levels of govt. have dual
authority
• Categorical vs. Block Grants
o States want block grants; Fed. Govt. uses
categorical to wield influence
Changes Recently
Recent court decisions limit power of
national government
US v Lopez (1995): Gun Free School Zone Act
US v Morrison (2000): Violence Against Women
Act
National Federation of Independent Business v
Sebelius (2012)
• Individual mandate exceeded Congress’s
commerce power, but mandate is considered a
tax, not a penalty, thus within Congress’s power to
tax for “general welfare.”
Changes Recently
While the Court may limit Congressional
commerce regulatory power, fiscal
federalism still empowers the national
government to influence local policy
Examples:
1. Education – No Child Left Behind
2. Anti-discrimination clauses tied to grants
3. Congress’s taxing power used to promote the
general welfare - Obamacare