Federalism
National and State Powers
The Division of Powers
The Constitution divided government
authority by giving the national
government specified powers, reserving all
other powers to the states or to the
people.
 The American concept of federalism has
changed with the times.
 Federalism is not a static but a dynamic
relationship between levels of
government.

National Powers

Delegated Powers – the powers of the national
government are known collectively as the
delegated powers
 Expressed Powers – those powers stated directly in the
Constitution – also called the enumerated powers
 Implied Powers – those powers that the national government
requires to carry out the powers that are expressly defined in
the Constitution
The basis for the implied powers is the necessary and proper
clause (elastic clause) found in Article I, Section 8
Implied powers have helped the national government
strengthen an expand its authority.

Inherent Powers – those powers that the
national government may exercise simply
because it is a government
 Control immigration
 Establish diplomatic relations
States and Nation

Reserved Powers - The Constitution
reserves certain powers to the States
 These powers are not listed in the Constitution,
but the 10th Amendment grants to the states or
the people those powers not delegated to the
national government
 States may exercise any power not delegated to
the national government, reserved to the people
denied them by the Constitution
 Schools, local governments, licensing
Supremacy Clause
The Constitution, and the laws of the
United States …. Shall be the supreme law
of the land ….
 No state law or constitution may conflict
with national law
 States create local governments

Concurrent Powers
Concurrent powers are those powers the
federal government and the states both
have.
 Each level of government exercise these
powers independently

 Tax, maintain courts, define crimes, appropriate
private property for public use …..
Denied Powers

The Constitution specifically denies some
powers to all levels of government
 Article I, Section 9 – Cannot tax exports …

Powers denied the states are found in
Article I, Section 10
 No treaties, Cannot coin money ….
Guarantees to the States

The Constitution obligations to the States
 Guarantee each state a republican government
 Protect the States from invasion and domestic
violence
 Respect the territorial integrity of each State
Admission of New States

The Constitution gives Congress the power to admit new
states
 No state may be formed by taking territory from one or more states
without the consent of the states involved
 Acts of admission, like all laws, are subject to presidential veto
The admission begins with an enabling act when signed
by the president, enables the preparation of a
constitution
 The constitution after approval by popular vote is
submitted to Congress
 Congress, then if agreeable, passes an act admitting the
territory as a state

Five states were created from existing states –
Vermont, Kentucky, Tennessee, Maine, and West
Virginia
 West Virginia’s admission was controversial over
approval by the Virginia legislature
 Texas was admitted by joint resolution and
skipped the territorial period
 Puerto Rico has considered statehood, but
rejected statehood by a vote in 1993

Conditions for Admission
Congress or the president may impose
conditions before admitting a new state
 Taft required Arizona to change its
constitution on the recall of judges
 Alaska was prohibited from making claims
for lands legally held by Native Americans
or Aleuts

Equality of the States
Once admitted to the Union, each state is
equal to every other state and has the
right to handle its own affairs
 No state has more privileges or fewer
obligations than any other
 Each state is legally separate from every
other state in the Union
 All states are bound by the Constitution

The Supreme Court as an Umpire
Because federalism divides the powers of
government, disputes between the state
and national government are common.
The courts often settle disputes and acts
as an umpire
 McCulloch v Maryland the court ruled in
favor of the National Government
affirming its supremacy

Interstate Relations

“Full faith and credit”
 The Constitution states that “full faith and credit”
shall be given in each state to the public acts,
records, and judicial proceedings of every other
state
 This clause applies to civil laws, or laws relating to
disputes between individuals, groups, or with the
state – one state cannot enforce another state’s
criminal law
 Public Acts refer to laws passed by state legislatures
 Records are documents like mortgages , deeds,
leases …
 Judicial proceedings refer to judgments ..

Privileges and Immunities – as interpreted by
the Supreme Court , this clause means that one
state may not discriminate unreasonably against
the citizens of another state
 Includes pass through or live in any state, use the courts,
make contracts, buy, sell, hold property, marry ….
 Does not include voting, serving on juries, using certain
public facilities or institutions …
 Residency requirements and higher fees are allowed
Extradition – provides for the Governor of
a state responsible for returning fugitives
 Interstate Compacts – written agreements
between states

 Used to settle disputes (boundaries)
 Deal with issues like air and water pollution
 Regional problems – transportation of Hazardous
materials
 National or foreign governments may be a party
 Congress must approve interstate compacts
Evolution of Federalism

Throughout American history there has
been a dispute as to how federalism
should operate
 States Rights – favors state and local action in
dealing with issues
 Believe the states created the national government
and gave it limited powers
 National government is an agent of the states
 Nationalist – favors national action
 Believe the people created the national and state
governments, therefore, the national government is
not subject to the states
 Believe the “necessary and proper clause” means
Congress has the right to adopt any means that are
convenient and useful to carry out its delegated
powers
Evolution of Federalism

Nationalism
 Expansion of national power
 Marshall Court
 Broad interpretation of National Governments Power

Dual Federalism One
 Roger Taney
 Separate Distinct Powers – layer cake
 Supported States Rights

Dual Federalism Two
 Plessy v Ferguson
 Civil Rights a matter for state government
 State powers grew, but not equal to national government

Cooperative Federalism
 1930’s to 1960’s
 Grew out of reaction to FDR and New Deal
 Cooperation between levels - Marble Cake
 Court began to allow national government to
regulate most anything that affected stream of
commerce

Creative Federalism
 LBJ – The Great Society
 Grants
 Block – broad purposes
 Categorical – specific projects

New Federalism
 Return of responsibility to the states
 Nixon – Revenue Sharing
 Reagan eliminating categorical – favored block
grants

Competitive Federalism
 States and federal government compete for power
as well as states v states for federal funds
 Intergovernmental lobby
 Federal government controls the purse – the states
handle the project
 Mandates
 Conditions of Aid
Growing National Government

Growing National Government is based on the
following:
 National supremacy clause
 War Powers
 Regulate Interstate and Foreign Commerce
 Commerce clause give national government power to
regulate a wide range of human activity because few
aspects of the economy affect commerce in only one state
 Tax and Spend
 Congress lacks authority to pass laws solely for the general
welfare, but it may raise taxes and determine how to
spend revenues for this purpose.