Chapter Three:
Federalism
Nation vs. State Rights
 Issue starting with Articles of Confederation
 Founders wanted a representative national
government and states as governing bodies
Federalism
 Federalism: the division of sovereignty, or ultimate
governance, between a national government and a
regional government
 A part of the system of checks and balances
 Another issue of debate during the constitutional
convention
State’s Rights
 States' rights refers to the idea that U.S. states
possess certain rights & political powers in relation to
the federal government.
 A commonly cited source for states' rights is the 10th
Amendment to the Constitution, which is part of the
Bill of Rights
State’s Rights

The states' rights concept is usually used
1)
to defend a state law that the federal government
seeks to override
to oppose a perceived violation by the federal
government of the bounds of federal authority.
2)
U.S. Constitution
 The U.S. Constitution establishes a government based
on "federalism," or the sharing of power between the
national, and state (and local) governments.
U.S. Constitution
 Our power-sharing form of government is the
opposite of "centralized" governments, such as those
in England and France, under which national
government maintains total power.
Enumerated Powers
Enumerated powers: those
specifically expressed in the
Constitution
Implied Powers
 Implied powers: the authority to take action not
expressly authorizes or written in the constitution
 Founders left Constitution vague in some areas on
purpose so there would be room for interpretation.
Exclusive Powers of the National
Government
Under the Constitution, powers reserved to the
national government include:
 Print money (bills and coins)
 Declare war
 Establish an army and navy
Exclusive Powers of the National
Government
 Enter into treaties with foreign governments
 Regulate commerce between states and international
trade
Exclusive Powers of the National
Government
 Establish post offices and issue postage
 Make laws necessary to enforce the Constitution
Exclusive Powers of State Governments
Powers reserved to state governments include:
 Establish local governments
 Issue licenses (driver, hunting, marriage, etc.)
Exclusive Powers of State Governments
 Regulate intrastate (within the state) commerce
 Conduct elections
 Ratify amendments to the U.S.
Powers of the State
 Reserved powers are the powers of the state. “The
powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are
reserved to the states.”
McCulloch v. Maryland
 Early 1800s
 4th Chief Justice of the Supreme Court, John Marshall,
established the Supremacy Clause
 Marshall asserted that the laws adopted by the
federal government, when exercising its
Constitutional powers, are generally paramount over
any conflicting laws adopted by state governments.
State Constitutions
State Constitutions
Each of the 50 states has its own
constitution
http://access.wa.gov
State Constitutions
 All provisions of state constitutions must comply with
the U.S. Constitution
 For example, a state constitution cannot deny
accused criminals the right to a trial by jury, as
assured by the U.S. Constitution's 6th Amendment
Federalism Today
 Trend 1: expansion of national authority which started
with President Roosevelt in the 1930’s (ex. Social
security)
Federalism Today
 Trend 2: Devolution—passing down of authority from
the national government to state governments (ex.
Welfare reform under President Clinton)
The Public’s Influence
 Can sway policy
 Example: During depression, states wanted more
national government interaction
The Public
 Example: In 1990’s the public wanted less national
involvement and welfare reform occurred
 Boundaries between roles of state and national
governments can change
Summary
 Exists a division of authority between national and
state governments
 Constitution both helped define national government
and protect state governance
 Trends exist and can influence power