1. Federalism

2. Federalism What is Federalism?
Power is constitutionally divided between a central government and regional governments (states)
Most democracies are Unitarian: central government has complete power over constituent units

3. Why Federalism? Hamilton:
Prevent Tyranny of government by dividing power between nation and state
More opportunities for citizen participation
Allows states to experiment with their own laws

4. Why Federalism? Also, only choice framers had
States were not going to give up all of their power to a central government
States were very different and had different economies
We are a big country
Needed different governments

5. Evolution of Federalism
Original Idea:
States would do most of what needed to be done
National government would have certain “enumerated” or “express” powers
Look at Article I, Section 8 of Constitution
States were the most important entity into the 20th century (10th amendment)

6. Make a Three Column Chart
What decisions do you believe your parents or guardians should make for you?
What decisions should you be able to make yourself?
What decisions should be made cooperatively?

7. Analyze your responses
Did every student in the class have the same perspective about who should make certain decisions?
Have you and your parents or guardians ever had a conflict over who gets to make certain decisions?
Why is it important that some decisions are made exclusively by parents or guardians?

8. Should the States or the Federal Government or both:
admit new states
provide for public safety
borrow money
establish and maintain schools
negotiate treaties with foreign countries
protect public health
determine the qualifications of voters
set up a post office
set rules for immigration
maintain the state militia (aka the National Guard)
declare and engage in war
conduct elections
print and coin money
govern marriage laws
maintain an army, navy, and air force
regulate interstate and foreign commerce
regulate intrastate commerce
punish lawbreakers
levy and collect taxes
protect the rights of citizens
set traffic standards

9. Federalism: National, State, and Concurrent Powers

10. How Federalism has Changed
Originally: Dual Federalism
Each level has its own specified powers
Analogous to a “Layer Cake”
Now: Cooperative Federalism
Shared powers, not separate
More like a “Marble Cake”
Need a proper balance between Centripetal and Centrifugal Power (the Goldilock’s Dilemma)

11. Evolution of Federalism
In 20th Century the scope of national government expanded dramatically
Why?
National effort required for the World Wars, the Great Depression, etc.
How has the world changed since 1787?
Technological, Industrial, and Economic Growth required organization and oversight on a national level

12. How did the National Government Grow?
Different roles clearly spelled out in Constitution
10th amendment reserves most power to the states
The Civil War was essentially fought over the relative power of State and Federal governments
Note the federal power in 13th, 14th, 15th amendments
This remains a contentious topic

13. How does your Government Grow?
If we were willing to fight a Civil War over the balance of power between the state and federal governments and the Constitution clearly spells out those powers, HOW has the central government taken on so much power?
Primarily $ and Constitutional Interpretation
New Federalism: State and Local governments receive a lot of federal funding
This money comes with strings
“He who pays the piper calls the tune”
This is why the drinking age is 21 nationwide

14. Federal Grants to State and Local Governments

15. How does your Government Grow?
Constitution is vague: both “express” and “implied” powers
Interpreted to allow the federal government “implied” powers
Article I, Section 8
“Necessary and Proper” (Elastic) clause
“Commerce” clause (can you think of any commerce that is carried out solely within one state?)
Article VI, Section 1 “Supremacy” clause

16. Commerce Clause
Why would we want the Federal government to regulate commerce?
50 different rules would be inefficient for business
Individual rational actions can lead to a collective irrational outcome; examples?
Are we even rational to begin with?
Descartes argued reason would lead to enlightenment but the world is very complex
Regulations can reduce uncertainty and complexity
i.e. Preemptions prohibit states from regulating certain activities like the ADA

17. Smokestack Chasing We live in a mobile society
States are competing for jobs
In order to attract business, how much emphasis do they place on business regulation, worker protections, environmental regulations, etc.?
If want certain levels of these things, must do at the federal level
Otherwise problems can “Spill Over” from one state to another
This is why conservatives support state’s rights

18. McCulloch v. Maryland
What were John Marshall’s Concerns about Federalism?
What experiences shaped these concerns?
Does Congress have the power to establish a national bank?
Look at the “Necessary and Proper” clause (Article 1, Section 8)
Does a state tax on a nationally chartered bank unconstitutionally interfere with federal powers?
Look at the Supremacy Clause (Article VI, Clause 2)

19. Recent Changes
The erosion of state authority has turned around in recent years
The Rehnquist Court has made a number of decisions giving the states broad “sovereign immunity” from federal laws
Limits the ability of individuals to sue state entities for overtime pay, patent infringement, or discriminatory practices
In general, Supreme Court decisions have been inconsistent