Federalism
Federalism
• Divide power between state government
and national government
– Provide double security to rights
– Check one another
• Framers of Constitution supported concept
– Many factions would seek own advantage
– One faction might dominate part of government,
but not all of it
– Gives factions ability to gain some – but not allpower
Types of Federalism
• Dual Federalism – constitution gives limited list of powers to
national government, leaving rest to states
– Primarily foreign policy & national defense
– Each level is dominant in its own sphere
– Supreme Court mediates between national government & states
• Cooperative Federalism – stresses federalism as a system of
intergovernmental relations in delivering goods & services to
people
• Marble Cake Federalism – all levels of government are
involved in a variety of issues & programs
• Competitive Federalism – national government, 50 states,
and local governments compete to put together services &
taxes
• Permissive Federalism – share of state power rests upon
permission of national government
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10th amendment = powers not delegated to the US by the Constitution, not
prohibited by it to the States, are reserved to the states respectively, or to the
people
Enumerated Powers – distinctly written in Constitution to the National
Government
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Coin money
Establish post offices & post roads
Declare war
Raise & support armies & navy
Immigration
Commerce Clause – regulate commerce with foreign nations
Necessary & Proper Clause – Congress can make laws necessary for carrying into action its
foregoing powers
Reserved Powers – anything unmentioned in the Constitution is reserved for the
states
– Licenses
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Full Faith and Credit Clause – licenses issued in one state are accepted by the other states
Education
Rules for marriage & divorce
Maintaining Highways
Provide fire & police protection
Concurrent/Shared Powers – responsibilities held by both the National and State
level governments
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Taxation
Setting up courts & prisons
Determine voting qualifications
Borrow money
Define crime & punishment
American Federalism
Federalists vs. Antifederalists
• Federalists supported constitution & strong
national government
• Antifederalists opposed constitution &
favored weaker national government
– Supported states’ rights
• Closer to the people
• More direct involvement
– Saw potential for central government to gain
too much power & be corrupt
• Disturbed by president’s veto power
• Court system likely to encroach upon local courts
• Lower house of legislature (Senate) small, likely to
be filled with elites
• Wouldn’t really know constituents
• Thought Congress would pass oppressive taxes
enforced by a standing army
Antifederalists
• Main issue – liberty
– Best secured by small republics
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Rulers physically close to & checked by the ruled
Strong national gov’t would be distant
Strong national gov’t could absorb state powers
Nation needed to be a loose confederation of
states
– If national gov’t created, needed more
restrictions
– Wanted a bill of rights in the Constitution
Federalist Papers
• James Madison refuted critics in
Federalist #10 and #51
• Liberty is safest in large republics with
many opinions & interests
– Difficult for a tyrannical majority to form
– Coalitions would have to form
• National government should be at some
distance from people & insulated against
momentary passions
Modern Controversies
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States’ rights vs. national rights conflict on many issues
Medical Marijuana – several states permit use of medical
marijuana
– WA & CO legalized recreational marijuana in 2012
– DEA conducts raids on medical marijuana facilities
– IRS attempts to prevent sales in CA by refusing o treat normally-deductible
business expenses as such for dispensaries
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Healthcare – Affordable Care Act or parts of it could be nullified
– AZ & VA both took stand against federal government
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Marriage – previous DOMA infringed on states’ rights regarding
marriage licenses
– Allowed states to refuse to recognize same-sex marriages granted in other
states
– Parts declared unconstitutional in 2013
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Education – acts like No Child Left Behind or Title IX increase
federal oversight of education
– Schools funded through state & local property taxes
– Opt-in to programs like NCLB & meet their requirements = get federal
money
Current Event
• Locate a current news article about states’
rights
– Past 6 months
– Reputable news source
– Medical marijuana, death penalty, marriage
equality, etc.
• ½ page summary
• ½ page analysis
– Your reaction to the article
– How does it relate to class?
• Be prepared to discuss it in class!