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Federalism
--What is federalism?
--Constitutional origins of federalism
--Evolution of federalism in American history
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Federalism Defined
• 1. Definition of Federalism
• Same people and territory are included in both levels of
government (think citizenship)
• The nation’s constitution protects units at each level of
government from encroachment by the other unit
• Each unit is in a position to exert some leverage over the other
• ALTERNATIVES: unitary and confederal forms
• 2. Origins of the federal form of government
• Philosophical
• Decentralizes power
• Protects geographic minorities
• Political
• Concession by nationalists to supporters of states’ rights
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Federalism in the Constitution
• 3. Why the question? Who has the power?
• The Constitution, in places, is very clear:
• A. Enumerated (or delegated) powers—powers clearly granted to
the national government
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Coining money
Regulating interstate commerce
Making treaties
National defense
• B. Supremacy clause—National laws trump conflicting state laws.
• BUT the Constitution in places is ambiguous:
• A. Implied powers of the national government—found in the
“necessary and proper” clause (elastic clause)
• B. Conflicts with the Reserved Powers of the states, found in
Amendment X. Powers seem to overlap.
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Evolution of Federalism
• 4. Evolution of the Meaning of Federalism—(think of a
pendulum)
National vs. State
Power
Power
• A. National Supremacy: John Marshall and the Federalist
Supreme Court
• McCulloch v. Maryland (1819)
• Gibbons v. Ogden (1824)
• B. Interposition/Nullification (mid-1800s): Roger Taney and the
Democratic Supreme Court
• States’ Rights Doctrine
• C. Reasserting National Supremacy (1860s)
• Civil War and the 14th Amendment (incorporation)
• D. Dual Federalism (late 1800s – 1930s): “Home Rule”
• Layer Cake Metaphor
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Evolution of Federalism
• E. Reasserting National Supremacy—Fiscal Federalism ($$$)
• Marble Cake Metaphor (Shared Federalism)
• The “Carrot and the Stick”—making the donkey go…
National vs. State
Power
Power
• The Carrot: Forms of Aid
• Categorical Grants
• Block Grants
• Revenue Sharing
• The Stick: Unfunded Mandates
• Americans with Disabilities Act (ADA)—think Lincoln High School
• Refining the Marble Cake Metaphor—Picket Fence Federalism
• F. Limiting National Supremacy (1990s)
• Lopez v. US (1995) Gun-Free Schools Act
• Brzonkala (2000) Violence Against Women Act
• G. Extending National Power? (today)
• NFIB v. Sebelius (2012) Affordable Care Act
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Growth of Federal Power
• 5. Historical Growth of Federalism—Nationalization
• 2 Events Increased the National Government’s influence in the
federal relationship:
• A. Great Depression
• Federal government spent more $ to try to get the country out of
depression (Keynesian economic theory)
• B. Great Society Programs
• Programs like Medicaid and Medicare; “War on Poverty”
• Post LBJ—trend away from national domination
• “Devolution”
• Reagan
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