FEDERALISM
Article 6 (& 10th Amendment)
Definition: the sharing of power between
Federal (National) and State governments,
with Federal government being superior
Government under the Articles of
Confederation, 1781-1788
• The confederation was a union of
states in which the central government
received power from the states and
had no direct authority over the people.
• In practice, it was unable to force
states to pay the taxes they owed and
remained a weak system of
government.
Government under U.S. Constitution (Federation): 1789 -
Advantages of Federalism
• Federalism checks the growth of tyranny
• Federalism allows unity without
uniformity
• Federalism encourages experimentation
• Federalism keeps government closer to
the people
– Training for national officials
– More arenas for public participation
Federal Systems
Advantages
Disadvantages
• Permits diversity and
diffusion of power
• Local governments can
handle local problems
better
• More access points for
political participation
• Protects individual rights
against concentrated
government power
• Fosters experimentation
and innovation
• Suits a large country with
a diverse population
• Makes national unity difficult
to achieve and maintain
• State governments may
resist national policies
• May permit economic
inequality and racial
discrimination
• Law enforcement and
justice are uneven
• Smaller units may lack
expertise and money
• May promote local
dominance by special
interests
Number of Governments in the
United States
3,143
Number of Governments
• In America there are close to 89,000
governments.
• About half of these units are school or
other special districts, and many of the
remaining governments are townships
and municipalities.
• there are over 3,000 counties
• 50 state governments and one federal
government.
Quick Assessment
1) The advantages of federalism are that
it
A) creates a unified governmental
system
B) encourages experimentation
C) checks the growth of tyranny
D) All of the above
An Expanding Nation
• A great advantage of federalism and
part of the genius and flexibility of our
constitutional system—has been the
way in which we acquired territory and
extended rights and guarantees by
means of statehood, commonwealth,
or territorial status, and thus grew from
13 to 50 states, plus territories.
Formal Constitutional
Framework
• The national government has only those
powers delegated to it by the Constitution
• The national government is supreme
• The state governments have residual
powers; meaning those neither assigned to
the national government nor denied to the
states
• Some powers are specifically denied to both
the national government and the state
government
The U. S. Constitution is the supreme law of the land. It
sets forth arrangements such as checks and balances,
federalism, separation of powers, rule of law, due
process, and the protection of individual rights.
Deligated Powers
• given specifically to national
government
• http://study.com/academy/lesson/deleg
ated-powers-definitionexamples.html#lesson
Implied Powers
• powers of the national government
that are not in writing
Read the following sentence:
‘I walked through my living room, out of
the house, and onto the yard.'
• Pretty straightforward, right?
• But here's a question: How did I get out
of the house?
Answer:
• The sentence doesn't really tell you, but
you'd be right to assume that I went through
a door.
• There's no mention of the door, and it's
possible that I was like Kool Aid Man and
punched through the drywall and crawled out
that way,
• but that would fly in the face of not only
common practice, but common sense.
Unless there was no door. But again, that
wouldn't be a necessarily logical conclusion.
• The presence of a door is implied.
Reserved Powers
powers that have been reserved”/kept
for the state governments
• it's not part of the main body of the
document (it's the 10th Amendment)
• It says whatever is not explicitly stated as a
responsibility of the federal government, is
under control of the states.
• But why do we need such a
mechanism?
Answer
• The Framers knew that state governments
were closer to the 'people' than the central
government ever could be (even today, with
cell phones and the Internet), and therefore
they wanted to create a sort of safety valve,
which would keep the central government
from growing too large.
• Ex: A driver’s License. Not mentioned
anywhere in the Constitution = State Power
• What about education?
Concurrent (Shared) Powers
• powers shared between the national
and state governments
Distribution of Power
-maintain army and
navy
-declare war
-coin money
-regulate domestic
and foreign trade
-“necessary and
proper” laws
-collect taxes
-enforce laws
-create courts
-build roads
-protect the people
-establish schools
-regulate trade
within state
-regulate marriage
-conduct elections
-any other powers
not given to
national
government*
Defining Constitutional Powers
The Supreme Court and
the Role of Congress
McCulloch v. Maryland
Affirmed that the power of Congress is
not strictly limited to the expressed
powers. Marshall held that Congress
has implied powers to carry out the
expressed powers.
This case set the precedent for the
national government to regulate a wide
range of economic activities.
Chief Justice John Marshall:
© Bettmann /Corbis
“Let the end be legitimate.”
*The 10th Amendment to the
Constitution ensures that states maintain
powers not mentioned in the constitution
9. Does concept of federalism limit or
increase the power of the government?
Explain your answer.
10. Does federalism favor national or
state governments?
Explain your answer.
Distribution of Power
(SHARED POWERS)
Set time, place, and manner of elections
Ratify amendments to the U.S.
Constitution
Take measures for public health, safety,
and morals
Exert powers the Constitution does not
delegate to the national government or
prohibit the states from using
Establish local governments
Regulate commerce within a state
Constitutional Division of Power
Powers delegated to the National
Government
• Express powers stated in the Constitution
– Delegated powers
• Implied powers that may be inferred from
the express powers
– Necessary & Proper Clause
• Inherent powers that allow the nation to
present a united front to foreign powers