Federalism is… A system of government in which political authority is divided between a national (or federal) government, and its political subdivisions (such as states).

Federalism is… a system where national and state governments each have defined powers, with some being shared by both and some being denied to both.

Governments in the U.S. 

National and State Powers National Powers State Powers Concurrent Powers

National and State Powers Directions: Place each power in the correct area of the Venn diagram. A.Coin money B.Borrow money C.Establish and maintain courts D.Levy and collect taxes E.Regulate trade and business F. within a state G.Issue driver’s licenses H.Draft people into the armed forces I.Register voters J.Define crimes and set punishments K.Issue marriage licenses L.Declare and conduct war M.Control immigration N.Grant divorces O. Conduct elections P. Regulate alcoholic beverages Q. Pass license requirements for professionals (lawyers, teachers, etc.) R. Establish and regulate public schools S. Regulate interstate and foreign trade T. Admit new states U. Claim private property for public use V. Conduct foreign relations W. Grant adoptions X. Ratify amendments to the Constitution Y. Manage the postal service Z. Restrict prostitution

Distribution of Power 

The Roots of the Federal System  Under the Articles, U.S. was a confederation  Did not want a unitary system like Great Britain  Chose a federal system instead  National and state governments share power— they both derive their powers from the people

National Powers  Enumerated powers set out in Article 1, Section 8  Includes coining money, providing army, creating courts  Necessary and proper clause is basis of implied powers  Article VI includes the supremacy clause

Federalism & the Constitution The Federal Government has expressed powers specifically granted in the Constitution (tax, regulate commerce, declare war, etc.) The Federal Government has implied powers from the necessary & proper clause or “elastic clause” (ex: create a national bank) The 10th Amendment reserves powers to the states (ex: education, law enforcement, etc.) The U.S. Constitution is the supreme law of the land (Supremacy Clause)

State Powers  Tenth Amendment deals with powers not enumerated  Reserves rights for states or the people  Includes regulation for health, safety, and morals  Other powers are concurrent, or shared  Other powers are expressly denied

Relations Among the States  States must give full faith and credit to other states  Privileges and immunities clause guarantees equality  States are required to extradite criminals  States work together through interstate compacts  If someone gets married in NY and then moves to VA are they still married? Explain.

The Marshall Court  Helps to define balance of state-federal power  McCulloch v. Maryland (1819)  Concerns states’ power to tax the national government  Gibbons v. Ogden (1824)  Concerns Congress’ power to regulate commerce

 Defined by two separate governments—both sovereign and co-equal.  Narrow interpretation of the Constitution  Each level of government has its own sphere of responsibility  State have greater role and powers (ex: public education, race relations)  Federal government only has jurisdiction if clear expressed in the Constitution (ex: coin money, foreign affairs)  Characterized as layer-cake federalism.  Dred Scott ruled that Congress cannot regulate slavery  Federal government grows and changes after Civil War  Sixteenth and Seventeenth Amendments set stage. Dual Federalism,

What does dual federalism have in common with a layer cake?

Cooperative Federalism,  Cooperative federalism defined by collaboration  National government clearly supreme over the states with wide interpretation of the “necessary and proper clause” and “supremacy clause”  Characterized as marble-cake federalism  Result of New Deal recovery efforts, 1930s  Also seen in Great Society programs, 1960s  Through the use of categorical grants, the federal government intervenes or assists in some areas traditionally left to the states (ex: education, health care, civil rights)  Welfare of citizens! (TVA, CCC, WPA, etc.)  Clean Air Act  Individuals with Disabilities Act  Brown v. Board of Education

What does cooperative federalism have in common with a marble cake?

New Federalism,  New Federalism defined by return to state power, known as “Devolution Revolution”  President Ronald Reagan was a pioneer; also seen in 1990s Republican Revolution  Perhaps a return to dual federal system?  Use of less restrictive block grants  Passage of law attempting to end unfunded mandates  US v. Lopez, Printz v. US, US v. Morrison all decided by Rehnquist court in favor of state power  President George W. Bush departs from this trend  Prompted by 9/11 and the use of preemption

Supreme Court and Federalism  Court has played significant role in defining federalism  Idea of “new judicial federalism.”  Issue areas such as sovereign immunity and abortion  Rehnquist Court initially seemed pro-states  Uncertainty exists about direction of Roberts Court—more recent decisions are mixed

Supreme Court and Federalism 

Access to Abortion 

The Challenges of Modern Federalism New York, September 2001 New Orleans, August 2005

Post 9/11 Federalism Increasing power of the national government— a departure from New Federalism? –No Child Left Behind--took power from states to determine educational policy –Patriot Act--took freedoms away from individuals to protect against future terrorist attacks –Creation of the Department of Homeland Security-- umbrella agency meant to create more centralized control

“Another Perfect Storm”

Homeland Security

Total Preemption In laws contradicting what states have already legislated, the national government exercises total preemption A national moratorium on taxing internet commerce would totally preempt many laws that already exist in particular states

Partial Preemption The national government sets the requirements but makes states deal with the fine points No Child Left Behind—each state creates its own test Clean Air Act—each state figures out how to enforce the standards A huge source of so-called unfunded mandates

Unfunded Mandate Reform Act of 1995 Part of the Republican Revolution If the national government requires states to do something, they have to provide the $$$ Has been largely ignored States have said that NCLB is an unfunded mandate; some have filed suit