FEDERALISM
National Government vs. State Governments
FEDERALISM AND THE CONSTITUTION
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Federalism as a Madisonian device
A way to limit federal authority (see Federalist
10 and 51)
The division of powers between two sovereign
governments
It helps to address the diverse nature of our
country (allows for local control)
State governments were well established and
people trusted them
EXPLANATION FOR FEDERALISM
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“…it clearly appears, that the
same advantage which a
republic has over a democracy,
in controlling the effects of
faction, is enjoyed by a large
over a small republic-is enjoyed
by the Union over the States
composing it…The influence of
factious leaders may kindle a
flame within their particular
States, but will be unable to
spread a general conflagration
through the other States.”
Madison Federalist #10
CONSTITUTIONAL BASIS OF FEDERALISM
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A strong national government
Article I, Section 8 grants government many broad powers,
– but government also given powers to create all laws “necessary
and proper” (elastic clause)
– Article VI establishes the supremacy of the Constitution
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Powers prohibited to the states
States denied from doing things that conflict with national
government such enter treaties, coin money, keep troops or
navies, make war levy import, export taxes
– States left with the local powers of governing the welfare, health,
safety and morals of its people
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National government limited
Article I, Section 9 establishes powers denied to federal
government
– 10th Amendment grants states powers not granted by the
Constitution to the national government (who wins if a conflict
between the elastic clause and 10th Amendment)
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DIVISION OF POWER
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Expressed Powers—delegated to National Government
Lay and collect taxes, coin money, regulate trade, declare
war, maintain armed forces
 Powers to the President; 16th Amendment
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Implied Powers—necessary and proper clause
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Interstate highway system, kidnapping across state lines,
banning racial discrimination (power to regulate commerce)
Powers denied—Bill of Rights, silence of Constitution
DIVISION OF POWERS
National Powers
Concurrent Powers
State Powers
Coin Money
Levy and collect taxes
Regulate trade within
the State
Regulate interstate and
foreign trade
Borrow money
Establish public schools
Raise and maintain
armed forces
Establish Courts
Pass license
requirements for
professionals
Govern US territories
and admit new States
Define crimes and set
punishments
Regulate alcohol
Conduct foreign
relations
Claim private property
for public use
Conduct elections
Declare War
Establish local
governments
LAYER CAKE VS. MARBLE CAKE
FEDERALISM
People
Federal gov’t
States
FISCAL FEDERALISM-SPENDING, TAXING
AND PRODUCING GRANTS IN THE FEDERAL
SYSTEM
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Categorical grants-money
given to states for a specific
purpose, but there are
conditions
Interstate Highway Act-governments
pay 80% of cost of highway
construction, but must be built to
government specifications
• States must establish a highway
beautification program or lose 10% of
its funding
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Or Cross over sanctions
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Funds withheld for highway
construction unless the drinking
ages of the states are raised
(South Dakota v. Dole)
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Block grants-money given to
states, but less strings
attached
 Giving money to states to
decrease emissions
 Money given to the states
for welfare, but the states
come up with the system
that helps them best
Revenue Sharing-money
given to states with tax
revenue and no strings
attached (1972-1987)
THE NATIONAL GOVERNMENT’S CONTRIBUTIONS TO
STATE AND LOCAL GOVERNMENT EXPENDITURES
GRANTS TO STATES AND
LOCALITIES
THE ISSUE: HEALTH COSTS!
DEVOLUTION
Advantages
 Local
control
 Experimentation
 Local governments able
to adapt to local needs
leading to greater
efficiency
 Traditional
interpretation of the
states’ power to regulate
health, welfare and
safety
Disadvantages
 Regional
 Fiscal
disunity
responsibility of
Congress
 Oversight
 “Irresponsibility”
of states
 Need to accomplish
national goals with
federal dollars
INTERSTATE RELATIONS
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Article IV—Full faith
and Credit Clause
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Any legal decision,
record and public acts
of a State has to be
recognized by other
States
Marriages
 Drivers licenses
 Birth certificates
 Divorces
 Damage award
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Extradition
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Privileges and
Immunities—states can’t
play favorites between
their citizens and out of
state citizens
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Except
 Holding public office
 Professional licenses
 Hunting licenses
 In-state/out-of-state
tuition