Federalism: E pluribus unum

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Presentation transcript:

Federalism: E pluribus unum

Three Forms of Center-Subsovereign Relations Unitary Federal Confederal

Articles vs. Constitution Key Federalist critique: center too weak for law enforcement, defense and for securing interstate commerce. The proposed constitution prompted widespread debate arguments addressing the benefits and risks of federalism versus confederal arrangements. See Federalist and Anti-Federalist papers.

Division of Powers Enumerated Inherent Implied Reserved Concurrent Prohibited

Necessary and Proper Clause To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Supremacy Clause and State’s Rights Article VI, Clause 2: “This Constitution, and the Laws of the United States…shall be the supreme Laws of the Land…” Amendment X: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

The Struggle Over States Rights McCulloch v. Maryland (1819) Gibbons v. Ogden (1824) Nullification (1828/32) Civil War (1861-5) Hammer v. Dagenhart (1918) United States v. Butler (1936) New Deal (1941) Brown v. Board of Education (1954) United States v. Lopez (1995) United States v. Morrison (2000)

Models of Federalism Dual Federalism Cooperative Federalism Picket-Fence Federalism

Trend – Increased Federal Dominance