Federalism
Dr. Robert Sterken
University of Texas at Tyler
Systems of Government
Confederation - loose association of
independent states
Unitary - all power resides in the central
government
Federal - power is shared (only 11 out
of the approximately 190 nations in the
world have federal systems).
Federalism
Unitary government was unacceptable due
to the British experience and confederation
had failed under the Articles, so the
Founding Fathers created a half-way house
they called federalism. Under federalism,
power is divided among the states and the
national government.
Defining Federalism
Federalism is a
way of
organizing a
nation so that
two or more
levels of
government
have formal
authority over
the same area
and people.
Why is Federalism
Important?
The Federal system decentralizes our
politics.
Senators are elected as representatives of
individual states
 With more layers of government, more
opportunities exist for political participation
 Federalism enhances Judicial power
through the necessity of deciding disputes
between the levels of government.

Constitutional Basis of
Federalism
The writers of the constitution carefully
defined the powers of the states and national
governments.
Supremacy Clause – Article VI states that
three items are the supreme law of the land:



The Constitution
Laws of the national government
Treaties (which can only be made by the national
government).
Separation of Powers
The Framers feared government and
wanted to limit it, they didn't want to put
too much power into one set of hands.
So they divided power vertically through
federalism and horizontally through
separation of powers among the three
branches of government.
Each branch would be independent and
equal with different staffs and functions.
Judges
Judges in every
state are
specifically
bound by the
Constitution.
The Tenth Amendment
“Powers not delegated to the United
States by the Constitution, nor
prohibited by it to the states, are
reserved to the states respectively, or to
the people.”
Evolution of FederalismDual Federalism
separate and equally powerful
levels of government
national
government
state
government
Establishing National
Supremacy
Three Key Events have largely settled
the issue of how national and state
powers are related:
McCulloch v. Maryland (1819)
 Gibbons v. Ogden (1824)
 Civil War (1861-1865)

Evolution of Federalism:
Nationalization (1789-1834)
National power is expanded by Court
 McCulloch v. Maryland (1819) –
“necessary and proper” clause-national
bank
 Gibbons v. Ogden (1824) – “commerce”
clause – steamboat regulation
McCulloch v. Maryland
(1819)
Supreme Court ruled that
national policies take
precedence over state policies.
 Implied
powers
 Enumerated powers (Article I
section 8)
Gibbons v. Ogden
(1824)
New York granted Robert
Fulton a monopoly
concession for steamship
navigation on the Hudson
River.
The U.S. Congress also
licensed a ships to sail on
the Hudson.
Gibbons v. Ogden
The main constitutional question in Gibbons was
about the scope of Congress' authority under the
Commerce Clause.
In Gibbons, the Court ruled that interstate commerce
includes more than simply direct dealings in products.
It also includes other commercial activities. New
York was found to be interfering in interstate
commerce by granting a monopoly on the Hudson
and lost the suit.
Gibbons v. Ogden
In Gibbons the US
Supreme Court
broadly defined
commerce powers
to encompass
virtually every form
of commercial
activity.
(1824)
Evolution of FederalismDual Federalism
Phase I (1835-1860)
 Dred Scott v. Sandford (1857)slavery
Phase II (1861-1933)
 Plessy v. Ferguson (1896)separate but equal doctrine
Civil War (1861-1865)
The Civil
War settled
militarily the
issue of
national
supremacy.
Evolution of Federalism Cooperative Federalism
(1934-1960)
 The Great Depression
 The New Deal - FDR
 Federal and State
governments share
responsibilities
 Federal grants categorical
Evolution of Federalism:
Creative Federalism
(1960-1968)
 The Great Society--LBJ
 Federal Government
Increases in Strength
over the State
Governments
 Increase in Federal
Grants to State and Local
Governments
Senator Richard Russell and President
Lyndon B. Johnson. (NLJ-WHPO-A-VN013)
New Federalism (1968-1992)
revenue sharing
block grants
state and local
government
lobbies
Under a federal system, national
policy is the same for everyone,
but state policies can differ
widely.
Some simple examples:
Death Penalty:


FL yes
MA no
Dark Window Tinting for Cars:


NV yes
MI no
Speed Limit:



MI 70 mph
MD 55 mph
WY unlimited
Fireworks:


SD legal
MN illegal
Relations Among the States
The Constitution was designed
to make America united – in
other words to improve relations
among the states and encourage
unity.
The Framers wanted a single
country, not 13 squabbling semicountries.
Article IV requires states to give
"full faith and credit" to each
others' laws. This ensures that
judicial decrees and contracts
made in one state are legal and
binding in other states.
As of July 1,
2000, Vermont
recognized
same-sex civil
unions,
according to a
law passed by
legislature in
April 2000. The
statute gives
couples the
same status as
"married"
couples but still
defines
"marriage" as a
male-female
union.