Download Federalism

What is Federalism?

 A political system where the powers of government
are divided between a national government and
regional (state and local) governments
 Every level of government has certain authority over
the same territory and people
 Created to create a strong national government, but
preserve the existing state governments
Federalism

 Federal System- local units exist independent of the
preferences of the national government and can
make decisions on some matters.
 Unitary System- local governments can be altered or
abolished by the national government, and do not
have final authority over any governmental
activities.
The founding of
Federalism

 Goal of founders: federalism is a device to protect
personal liberty (along with separation of powers).
 Placing all political authority in level of government ran a
risk of tyranny.
 Believed that neither national nor state government
would have authority over the other because power
derives from the people.
 No one attending the Constitutional Convention had a
clear idea how a federal system would work (new plan
had no historical precedent).
 The 10th Amendment was added as an afterthought, to
define the power of the states.
Advantages & Disadvantages of Federalism

Advantages of Federalism
Disadvantages of
Federalism
Ideally suited to large geographic
area because it encourages diversity
in local government
Inflexibility inherent in a written
constitution
Avoids concentration of political
power
Complex, with many governments
to deal with
Accommodated already existing
state governments
Duplication of offices and functions
States serve as training grounds for
national leaders
Conflicts of authority may arise
Keeps government close to the
people
So who has the power?

 Delegated powers- expressed, or enumerated powers,
those specifically given to the national government
 Implied powers- powers that may reasonably inferred
from the Constitution
 A.K.A. the Necessary & Proper Clause or Elastic Clause
 Inherent powers- powers that exist for the national
government because the government is sovereign
 Concurrent Powers- powers that belong to both the
national and state governments
 Reserved powers- powers belonging specifically to the
states because they were not delegated to the national
government
“Elastic” Language

 Precise definitions of powers politically
impossible because of competing interests.
 Article I: Congress shall have the power to
“make all laws which shall be necessary and
proper for carrying into execution the foregoing
powers”
 Hamilton's view: national supremacy because
Constitution supreme law
 Jefferson's view: states' rights with people
ultimate sovereign
National Powers
(Expressed, Implied,
Inherent)
National & State
Powers
(Concurrent)

State Powers
(Reserved)
Federal Powers vs.
State Powers

 Regulate foreign & interstate
commerce
 Regulate corporations
 Coin & print money
 Levy taxes
 Borrow money
 Regulate intrastate commerce
 Charter banks
 Establish public school systems
 Conduct foreign relations
 Regulate immigration and
naturalization
 Spend money for general
welfare
 Make all laws “necessary and
proper”
 Acquire and govern U.S.
territories & admit new states
 Establish courts
 Enact and enforce laws
 Establish licensing requirements
for certain regulated professions
 Establish local governments
 Provide an Army & Navy
 Declare War
 Administer elections
 Establish Federal Courts below
the Supreme Court
Establishing National
Supremecy

YouTube - McCulloch v.
Maryland
YouTube - Gibbons v.
Ogden
Interstate Relations

 Full Faith & Credit Clause- states are required to
recognize the laws and legal documents of other states,
such as birth certificates, marriage licenses, drivers’
licenses, wills.
 Privileges and Immunities Clause- states are prohibited
from unreasonably discriminating against residents of
other states
 Out of State Tuition
 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
Federalism Today

 Dual Federalism
 Federal & state
governments are co-equal
 Federal government is
limited by Constitution
 “Layer Cake Federalism”
 Cooperative Federalism
 National government is
supreme over the states
 “Marble Cake
Federalism”
 New Federalism
New Federalism

 Nixon, Reagan, and Bush
 Attempt to reverse cooperative federalism and give
states more responsibility on how they would spend
the grant money
 Devolution- a transfer of power from the national
government back to the state governments
Fiscal Federalism

 The national government’s patterns of spending,
taxation, and providing grants to influence state and
local governments
 The national government uses fiscal policy to
influence the states through granting or withholding
money to pay for programs
Types of Grants

 Grants-in-aid programs: money & resources provided by the
national government to the state and local governments to be used
for specific projects or programs.
 Categorical grants: grants that have a specific purpose defined by
law, such as sewage treatment facilities or school lunch programs;
may even require “matching funds” from the state or local
governments
 May be in the form of a project grant- competitive application
 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; fewer strings attached, so states have more
freedom how to spend the $
 Revenue sharing: a “no strings attached” form of aid to state &
local governments; could be used for virtually any project.
Eliminated under the Reagan administration
Mandates

 Requirements that are imposed by the national
government on the state and local governments
 Ex: Americans with Disabilities Act (1990)
 Mandates often require state or local governments to
meet the requirement at their own expense
(unfunded mandates)
 1994- Unfunded Mandate Reform Act- imposed
limitations on Congress’ ability to pass unfunded
mandate legislation