Chapter Three
Federalism
87,500 Governments!
• There are various ways of ordering relations
between central governments and smaller units
of government, ie: Unitary and Confederal.
– Federalism is also one of these ways
– Federalism simply means “divided government”
Three Systems of Government
• Unitary – strong central government; local
government only have powers given to them by
central government
• Confederal – strong state governments; central
government only has powers given to it by states
• Federal – power is divided between central
government and states; each has their own sphere
of influence
Why Federalism?
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It was a compromise between the large and small states
It also allows many functions to be farmed out to the states
The size of a country makes federalism practical
It allows more direct access to government
Works well in the USA where we have many political
subcultures: races, wealth, religious, age, sexual preference
The Constitutional Basis for American
Federalism
• “Federal system” or division of governmental authority is not
mentioned in the Constitution. Instead, the document sets out different
types of powers:
• Enumerated, (and Implied), Concurrent, Reserved, powers of the
states and national government are discussed, also (Supremacy)
- The Growth of the National Government –
• McCulloch v. Maryland (1819)—established the implied powers of the national
government and the idea of national supremacy
•(from the necessary and proper clause)
•(from the supremacy clause)
• Gibbons v. Ogden (1824) – established that the power to regulate interstate
commerce was an exclusive national power
•(established that commerce was an exclusive national power)
The Shift Back to States’ Rights in the
Jacksonian Era
• Nullification – the idea that states could declare a
national law null and void
• Secession – the withdrawal of a state from the
Union
War and the Growth of the National Government
• The defeat of the South ended the idea that states could secede from
the Union.
• The defeat of the South also resulted in an expansion of the powers of
the national government (the opposite of what the South was fighting
for)
• New government employees were hired to conduct the war
effort, and Reconstruction
• A billion dollar budget was passed
• A temporary income tax was imposed on citizens
• Civil liberties were curtailed because of the war effort
• The national’s government’s role expanded to include providing
pensions to veterans and widows
The Continuing Dispute over the Division of Power
• The Civil War ended the idea that a state could lawfully leave the
Union, but it did not end the discussion over division of power,
(federalism), between the national and state governments.
• This discussion can be viewed as progressing through three stages:
• 1. Dual Federalism – the national and state governments as equal
sovereign powers
• 2. Cooperative Federalism – the idea that states and the national
government should cooperate to solve problems
• 3. New Federalism – The goal here is to restore to the states some of
the powers that have been exercised by the national government since
the 1930s.
New Federalism
The Idea of “Devolution”
• limits national government’s power to regulate
• restores power to state governments
• allows states to decide how money should be spent
• uses block grants
• opposes federal mandates: Requirements in federal legislation that
force states and municipalities to comply with certain rules.
The Supreme Court and New Federalism
• New Federalism has been bolstered by Supreme Court decisions that
have limited the national government’s power
• Printz v. United States: (1997) Brady Handgun Violence Prevention
Act. Forced state employees to do background checks on purchasers
of handguns, thus making state employees agents of the national
government. (state sovereignty violated)
• United States v. Lopez: (1995) Struck down the Gun-Free School
Zones Act (possession of guns is not commerce)
Hot Links to Selected Internet Resources:
• http://www.wadsworth.com/cgiwadsworth/course_products_wp.pl?fid=M2&discipline_number=20&
product_isbn_issn=0534592651
• http://www.wadsworth.com/politicalscience
• http://www.law.emory.edu/FEDERAL/usconst.html
• http://www.constitution.org/cs_feder.htm
• http://www.vote-smart.org/issues/FEDERALISM_STATES_RIGHTS