Federalism in the
United States
Unitary vs Federal vs Confederate
 U.S. first in world to create a Federal System


National and State governments share
powers
ALL power derived from consent of the
governed  people
Federalism in the United
States
 Enumerated Powers:


Specific powers granted government
Article 1, Section 8
 AKA-
Delegated, expressed
 Implied Powers:


Powers assumed, although not expressed
“Elastic Clause”  Article 1, Section 8,
Clause 18
 AKA
“Necessary and Proper Clause”
Federalism in the United
States
 Reserved Powers:


10th Amendment
Powers granted states
 Public
health, education, welfare of its
citizens
 Concurrent Powers:


Overlapping powers of the national and
state governments
CAN NOT CONFLICT WITH NATIONAL
LAW
 Supremacy
Clause  Article VI
Federal
SHARED
State
Federalism in the United
States
 Denied Powers


Article 1, Section 9
States’ powers denied
 Entering
treaties, currency, state compacts
without Congressional approval

National powers denied
 Favoring
one state over another, taxing
goods from state-to-state

Concurrently denied powers
 Ex
Post Facto and suspension of Habeas
Corpus
Federalism in the United
States
 State Relations  Article IV

Full Faith and Credit
 Judicial
decrees and contracts must be
honored in all states (DOMA???)

Privileges and Immunities Clause
 All
citizens are guaranteed rights regardless
of state of residency

Extradition Clause
 State
MUST return criminals to states where
they have been convicted
Early Federalism in the United
States
 McCulloch v Maryland
 Gibbons v Ogden (1824)
(1819)
 - Established supremacy
of national government
over states because of
implied powers.
 Gave Congress power to
regulate “interstate
commerce” which
encompassed many
forms of commercial
activity.
Dual Federalism
 “Layer Cake” federalism  established
by Marshall/Taney court and Civil War

Definition: A system of government in
which both the states and the national
government remain supreme within their
own spheres, each responsible for some
policies.
 Dred Scott v. Sanford (1857)

Left issue of slavery to states/territories
Cooperative Federalism
 Congress taking more control during “Progressive Era”
 “Marble Cake” federalism  Great Depression and
New Deal
 Definition: A system of government in which powers
and policy assignments are shared between states
and the national government.
 Categorical Grants
 Grants for states with a specific purpose  LBJ
and the “Great Society”
 States forced to comply with “national agenda”
 Project Grant- Competitive Application
 Ex: National Science Foundation
 Formula Grant- Distributed based on formula.
Ex: Population, per capita income, etc…
 “Preemption  national government
preempts, or overrides state and local
actions
 OSHA

and EPA regulations
Unfunded Mandates
 Requires
states to comply with national
regulations without federal funding



ADA (Americans with Disabilities Act
Civil Rights Act
Clean Air Act
New Federalism
 Conservative (Republican) agenda in late
1970s/early 1980s = changing relationship of
federalism

Declining size of national government  returning
powers to the states
 “Reagan Revolution” or “Devolution”
 Block Grants replaced categorical grants


Monies to states with broad purposes and few
restrictions/strings attached
Four Categories
 Health, Income Security, Education,
Transportation
New Federalism
 “Devolution Revolution”

Personal Responsibility and Work
Opportunity Reconciliation Act of
1996
 “Welfare
to Work”
 Returned administration of most
welfare programs to states
Federalism
Advantages
Disadvantages



Increasing access to
government
Local problems can be
solved locally
Hard for political parties
/ interest groups to
dominate ALL politics
http://www.thedailyshow.com/watch/monnovember-8-2010/rick-perry-pt--1
http://www.thedailyshow.com/watch/monnovember-8-2010/rick-perry-pt--2



States have different levels of
service (pg 90/91- Education
spending)
Local interest can counteract
national interests
Too many levels of
government - too much
money