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Federalism
The Challenge
• To preserve the traditional independence
and rights of the states while establishing
an EFFECTIVE national government
The Solution
• The Framers of the US Constitution
created the world’s first federal system
Federal vs. Unitary
Federal
National and State
Governments Derive
All Their Powers from
the People
Unitary
Local and Regional
Governments Derive
All Their Power from
the National
Government
The Framers feared the Unitary System (like Great
Britain) because they saw English kings as tyrants.
They feared centralizing all power in one institution.
National Powers
• Enumerated Powers: 17 specific powers
granted to Congress (Article 1, Section 8)
• “Necessary and Proper” clause  Implied Powers
• “Supremacy Clause” = National government
is supreme in situations of conflict between
national and state law (Article 6)
State Powers
• “Privileges and Immunities” Clause: citizens of
each state guaranteed the same rights as
citizens of other states (Article 4)
• Republican Form of Government (Article 4)- the
power to create their own government
• “Reserve”/ “Police” Powers: “powers not
delegated to U.S., nor prohibited by it to the
States, are reserved to the states” ~ public
health, safety and morals (abortion, death
penalty) (10th Amendment)
Concurrent and Denied Powers
• Concurrent Powers: shared between national
and state governments (tax, borrow money,
establish courts, laws)
----------------------------------------------------------DENIED POWERS
• Bill of Attainder: law declaring an act illegal
without a judicial trial (denied to Federal and State)
• Ex Post Facto: law passed after the fact (denied to
Federal and State)
“Full Faith and Credit” Clause
Marshall Court
• During its first few years, the Supreme
Court was seen as weak.
• When John Marshall became chief justice,
however, this all changed.
• In a series of decisions, he and his
associates created an important role for
the court, specifically defining the
nature of Federal/State relationship.
McCulloch vs. Maryland (1819)
• The Supreme Court upheld the power of
the national government and denied the
right of a state to tax the bank. (Broad
interpretation of “necessary and proper”)
Gibbons vs. Ogden (1824)
• Supreme Court upheld broad
congressional power to regulate interstate
commerce. (Broad interpretation of
“commerce” clause)
Dual Federalism
• The belief that having separate and
equally powerful levels of government is
the best arrangement
• National government should not abuse/
exceed its powers
• Came about in response to belief that
national government should not be too
powerful
Taney Court
• Roger Taney was Marshall’s successor,
and was much more in favor of limiting
power of national government  dual
federalism
• Slavery was an issue that plagued the
courts during his time as Chief Justice
Dred Scott, The Civil War, and Federalism (See Textbook)
Amendments Reflecting Growing
Federalism
• Civil War Amendments (13th, 14th and 15th)
Prohibited Slavery and Granted Civil and
Political Rights to African Americans
• 16th Amendment: authorized Congress to enact
a national income tax
• 17th Amendment: made senators directly elected
by the people, removing states’ ability to select
The New Deal
• A sequence of federal
programs FDR
initiated between
1933 and 1938 with
the goal of giving
work (relief) to the
unemployed, reform
of business and
financial practices,
and recovery of the
economy during The
Great Depression.
Cooperative Federalism
(Began with The New Deal)
• concept of federalism in which national,
state, and local governments interact
cooperatively and collectively to solve
common problems, rather than making
policies separately but more or less
equally (such as the nineteenth century's
dual federalism) or clashing over a policy
in a system dominated by the national
government.
Layer Cake vs. Marble Cake