THE SEPARATION OF
LEGISLATIVE POWERS IN
THE AMERICAN
CONSTITUTION
CONSTITUTIONAL
PROVISIONS
ENUMERATED POWERS (ART. 1 SECT. 8)
THE IMPLIED POWERS CLAUSE (ART. 1,
SECT. 8 CLAUSE 18)
THE RESIDUAL POWERS CLAUSE (X
AMENDMENT)
THE SUPREMACY CLAUSE (ART. 6 CLAUSE
2)
DUAL FEDERALISM
The federal Government has only enumerated
powers
The purposes that can be achieved by the
federal Government are limited
The federation and the states are, each in its own
sphere, sovereign and equal
The relationship between the two level of
government are competitive (rather than
cooperative)
DUAL FEDERALISM
“... although the State of Wisconsin is sovereign
within its territorial limits to a certain extent, yet
that sovereignty is limited and restricted by the
Constitution of the United States. And the powers
of the General Government, and of the State,
although both exist and are exercised within the
same territorial limits, are yet separate and
distinct sovereignties, acting separately and
independently of each other within their
respective spheres.” (Ableman v. Booth, 1895)
CIVIL WAR
Defeats the idea that the the federal constitution
is a pact between states (Calhoun > see
introduction)
Affirms the national theory > the federal
constitution - establishing a dual system of
government - has been created by an act of the
people
LIBERAL STATE >
WELFARE STATE
Second industrial revolution
Federal legislation
Interstate commerce act 1887
Sherman antitrust act 1890
Pure food and drug act 1906
XVI AMENDMENT
“Representatives and direct taxes shall be
apportioned among the several states ... according
to their respective numbers” (Art. 1, sect. II par. 3)
Pollock v. Farmers (1895)
The Congress shall have the power to lay and
collect taxes on incomes, from whatever source
derived, without apportionment among the several
states, and without regard to any census or
enumerations (XVI am.)
WELFARE AND
DEMOCRATIC STATE
“The Senate of the United States shall be
composed of two Senators from each state,
elected by the people ...” (XVII am.)
“The right of citizens of the United States to vote
shall not be denied or abridged by the United
States or by any State on account of sex.” (XIX
am.)
THE NEW DEAL
Economic crisis of 1929
F.D. Roosvelt presidency (1933-1945)
•
Agriculture Adjustment Act 1933
•
National Recovery Act 1933
COOPERATIVE
FEDERALISM
national government and state one are
complementary and they all tend to create a single
government mechanism with the aim to fulfill the
objectives fo the federal government in charge
both levels pf government have some powers in any
matters
the border between federal and state jurisdictions is
mobile and has to be defined by agreement
between the two levels of government
THE ROLE OF THE
SUPREME COURT
the court-packing crisis of 1937
centralization of powers by using the:
commerce clause
implied powers clause
supremacy clause > pre-emption doctrine
civil rights > Brown v. Board of Education
grants in aid > coercive federalism
NEW FEDERALISM
to establish a clearer division of powers and
responsibilities between federation and states and a
consequent reduction of federal involvement in the
activities of local interest
to reduce the welfare state and the public intervention in
citizens life
to promote the individual (private) intervention in the
welfare sector (school, health)
to decrease the tax burden
to introduce the deregulation program