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FEDERALISM
A system in which governmental power is divided
into two or more levels, usually a central government
and component state governments
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The Partitions of Power – Federalism is based
on the belief that limited government is a
restraint to tyranny and that one way to limit
government is to divide and distribute power
among several entities.
National Power (Washington D.C.) – Delegated
powers define the limits of it’s authority
(powers are given, but limited by the
Constitution)
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Enumerated Powers – Constitution authorizes
particular powers to the three branches of
government
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Implied Powers – These are not specifically
permitted in the Constitution, but may be
necessary or convenient in exercising the
powers that are enumerated.
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States forced to set minimum wage laws
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Necessary and proper clause – to make all
laws which shall be necessary and proper for
carrying into execution the foregoing
powers….
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State Powers – According to the 10th
Amendment, the powers not delegated to the
national government nor denied the states are
reserved for the various states and their citizens.
Reserved Powers – Provide states with
considerable freedom to exercise authority as
they choose.
Public Education
Speed Limits
Seat Belt Laws
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Interstate Relationships
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State Relations – Each state retains power to govern
itself, but no state can exist as a completely
independent entity.
• Full Faith and Credit – Article IV, Section I requires
that each state respect the laws, official records,
and judicial rulings of the other states.
• Privileges and Immunities – Privileges enjoyed by
U.S. citizens must be respected in every state.
• Extradition – Legal process of returning an alleged
criminal to the state in which he is charged.
Constitutional and National Supremacy – Under the U.S.
federal system, the states have the constitutional right to pass
their own legislation and judge their own cases, but their laws
and judicial rulings cannot contradict national law or Supreme
Court rulings.
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Developments in Federalism
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Sovereign and Separate
 States Rights
 Dual Federalism – National and state governments
were sovereign within their own spheres.
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Growth of Interdependence
 16th Amendment – Income Tax Amendment
 New Deal – Series of social and economic programs to
address the poverty and unemployment of the
depression
Financing Federalism - Federal Grants-in-aid (Primarily
land grants) were a key force in implementing national
policies on the local level
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Categorical Grants – Those given to state and local
governments for a specific purpose and with certain
guidelines for their use.
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Formula Grants – Governed by demographic
formulas in a given area
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Block Grants – Designed to streamline federal aid to
states and localities
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Revenue Sharing – National government allocates
some of its tax revenues to the states
The Problems of Federalism
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Maintaining Federal Distinctions – Division of
power between two or more governmental levels
being maintained through constitutional provision
as well as through political pressures
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Give-and-Take – Federal aid provides both services
and controls.
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Growing National Debt – Federal aid to the states
contributes to the national debt.
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Competition for Funding – Some states receive more
federal funds than their residents pay in federal
taxes, while others receive less