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What are the two most powerful powers a government can have? Power of the purse and power of the sword. If these two are in the same branch of the government, then you have a very powerful government with at best uneven checks and balances.
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Although the term federalism is not found in the US Constitution, it is clearly defined in the delegated, concurrent, and reserved powers of the national and state governments.
Inherent powers: Ex. regulate immigration, deport undocumented immigrants, acquire territory
Prohibited powers—for example, neither the national government nor state governments may pass an ex post facto law (Latin for "from
may pass an ex post facto law (Latin for from a thing done afterward
a thing done afterward”)) or a bill of attainder or a bill of attainder
(an act of a legislature declaring a person guilty of some crime and punishing them without privilege of a judicial trial)
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(22:30 into the film... middle of chapter 4.)
1. The issue of desegregation in the south.
2. The state of Alabama, as expressed through Governor Wallace, viewed this as a state issue and, therefore, did not want the federal government to intervene. Wallace reasoned that if the people of Alabama did not want to allow African Americans into the public schools a true democratic system would allow them to refuse their entry
the public schools, a true democratic system would allow them to refuse their entry. According to Wallace, the states had the Constitutional right to operate public schools.
3. The federal government wanted to enforce an order from a federal judge to admit two black students to the University of Alabama based on the decision of the Supreme Court in Brown v. Board of Education of Topeka, which desegregated schools. The federal government looked at the issue of desegregation as national rather than a state question.
4. The federal government prevailed: the school was desegregated pursuant to the 14th
Amendment and the students were allowed to attend the university. Note, however, that President Kennedy was forced to federalize the Alabama National Guard to help with the crisis.
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Link of Ben’s Guide to Federalism also discusses power structure in federalism.
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Full Faith and Credit Clause: states are required to recognize the laws and legal documents of other states, such as birth certificates, marriage licenses, drivers’ licenses, and wills.
Privileges and Immunities Clause: States are prohibited from unreasonably discriminating against residents of other states. Nonresidents may travel through other states; buy, sell, and hold property; and enter into contracts (does not extend to political rights such as the right to vote or run for public office)
Extradition: states may return fugitives to a state from which they have fled to avoid criminal prosecution at the request of the governor of the state.
Interstate compacts: states may make agreements, sometimes requiring congressional approval, to work together to solve regional problems. Some examples are parole and probation agreements, the Port Authority of New York and New Jersey, and regulating the common use of shared natural resources.
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McCulloch v. Maryland: The Supreme Court dealt with the issues of the Necessary and Proper Clause and the Supremacy clause when Maryland imposed tax on Baltimore branch of Second National Bank. While no provision of Constitution grants the national government the enumerated power to create a national bank, the authority is implied.
Gibbons v. Ogden The issue was the definition of commerce and whether the national government had issue was the definition of commerce and whether the national government had
exclusive power to regulate interstate commerce. Broadened definition of commerce; given exclusive power to regulate interstate commerce.
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Federalism has evolved to meet the changes and challenges in American society.
Dual Federalism: Earliest interpretation of federalism; views national and state governments each remaining supreme within their own sphere of influence. Each level of government is separate from the other. Ex. States responsible for education of citizens, National government solely responsible for foreign policy issues
Cooperative Federalism: Interpretation of federalism shifted in the 1930s to where
Cooperative Federalism: Interpretation of federalism shifted in the 1930s to where national and state governments share policymaking and cooperate to solve problems. Grew from the policies of the New Deal era and need for more national government intervention during the Great Depression. Ex. Cooperation of building the national interstate highway system in the 50s
New Federalism: During Nixon, Reagan, and W. Bush administrations, the national government attempted to implement a reversal of cooperative federalism and place more responsibility on the states about how grant money would be spent. Devolution is the goal. Ex. New federalism is welfare reform legislation, which has returned more authority over welfare programs to the states.
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Categorical grants: grants that have a specific purpose defined by law, such as sewage treatment facilities or school lunch programs. Block grants: general grants that can be used for a variety of purposes within a broad category, such as education, health care, or public services; few strings are attached so state and local governments have greater freedom in how the money is spent; preferred by states over categorical grants. Because block grants give state and local governments flexibility businesses and nonprofit organizations are more likely to receive a portion of the
flexibility, businesses and nonprofit organizations are more likely to receive a portion of the funds.
Mandates: requirements that are imposed by the national government on the state and local governments. Ex. Americans with Disabilities Act (1990) mandates that all public buildings be accessible to persons with disabilities. Mandates often require state or local governments to meet the requirement at their own expense (unfunded mandates)
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