Federalism
A note on usage:
• Federalism refers to the fact that
government authority is divided between
the national and state governments.
– “We have a federal system of government”
• Weirdly, “the federal government” refers to
the national government in Washington
Federalism
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Definition: Government where authority
is divided between two or more distinct
levels of government.
Not a “Confederation”
Not a “unitary” government
Federalism in the Constitution
• Empowering the states:
• Senate (Article I Section 3)
Senate
• The Senate of the United States shall be
composed of two Senators from each State,
chosen by the Legislature* thereof for six
Years; and each Senator shall have one
Vote.
• *(modified by the 17th amendment, 1913)
Federalism in the Constitution
• Empowering the states:
• Senate (Article I Section 3)
• Tenth amendment
th
10
amendment
• The 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.
Federalism in the Constitution
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Empowering the states:
Senate (Article I Section 3)
Tenth amendment
“Full faith and credit” (Article IV Section 1)
Full Faith and Credit Clause
• Full Faith and Credit shall be given in each
State to the public Acts, Records, and
judicial Proceedings of every other State.
• (Article IV Section 1)
Federalism in the Constitution
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Empowering the states:
Senate (Article I Section 3)
Tenth amendment
“Full faith and credit” (Article IV Section 1)
• Empowering Congress over the states:
• Commerce clause (Article I Section 8)
Commerce Clause
The Congress shall have Power To…
regulate Commerce with foreign Nations,
and among the several States…
Article I Section 8
Federalism in the Constitution
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Empowering the states:
Senate (Article I Section 3)
Tenth amendment
“Full faith and credit” (Article IV Section 1)
• Empowering Congress over the states:
• Commerce clause (Article I Section 8)
• Supremacy Clause (Article VI)
Supremacy Clause (Article VI)
• This Constitution, and the Laws of the
United States which shall be made in
Pursuance thereof; and all Treaties made, or
which shall be made, under the Authority of
the United States, shall be the supreme Law
of the Land; and the Judges in every State
shall be bound thereby, any Thing in the
Constitution or Laws of any State to the
Contrary notwithstanding.
Federalism in the Constitution
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Empowering the states:
Senate (Article I Section 3)
Tenth amendment
“Full faith and credit” (Article IV Section 1)
• Empowering Congress over the states:
• Commerce clause (Article I Section 8)
• Supremacy Clause (Article VI)
Federalism in the Constitution
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Empowering the states:
Senate (Article I Section 3)
Tenth amendment
“Full faith and credit” (Article IV Section 1)
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Empowering Congress over the states:
Commerce clause (Article I Section 8)
Supremacy Clause (Article VI)
Congress’ enumerated powers (Article I section 8)
Some of Congress’ other specific powers…
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The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the
Debts and provide for the common Defence and general Welfare of the United States; but all Duties,
Imposts and Excises shall be uniform throughout the United States;
To borrow Money on the credit of the United States;
To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies
throughout the United States;
To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and
Measures;
To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
To establish Post Offices and post Roads;
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land
and Water;
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and
repel Invasions;
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them
as may be employed in the Service of the United States, reserving to the States respectively, the
Appointment of the Officers, and the Authority of training the Militia according to the discipline
prescribed by Congress;
To make all Laws which shall be necessary and proper for carrying into
Execution the foregoing Powers, and all other Powers vested by this
Constitution in the Government of the United States, or in any
Department or Officer thereof.
Dual vs. Shared Federalism
• Dual federalism: States and national
government each have separate, mutually
exclusive spheres of sovereignty
– Maybe what some Framers had in mind
• Shared federalism: States and national
government have overlapping spheres of
sovereignty
– What evolved after the Civil War
Shared federalism
States only
Shared
National only
Run elections
Tax
Coin money
Health & safety
Borrow money
Make treaties
Regulate in-state
commerce
Take property
Make war
Enforce laws
Run post system
Regulate interstate
commerce
Tax imports and
exports
Number of governments in
America’s federal system
(from Logic text p. 94)
Type of government
Number of governments
National
1
State
50
County
3,033
Municipal
19,492
Township/town
16,519
School district
13,051
Special district
37,381
Other
89,527
Federalism =
50 Little Laboratories
• Different state systems of government
Different institutions of
government
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Nebraska: unicameral, nonpartisan legislature
Initiative: 14 states
Recall: 18 states
Legislative term limits: 15 states
Professional legislatures: CA, MI, NY, PA
Amateur legislatures: NH, MT, NV, UT
California
• Legislature:
– 80 seats in Assembly
– 40 seats in Senate
• Executive:
– Governor, Lt. Governor, Secretary of State, Attorney General,
State Treasurer, State controller, State superintendent of public
instruction, Insurance Commissioner---all separately elected
• Judicial:
– state Supreme Court, Superior Courts and Appeals Courts
• Direct Democracy:
– Initiative, Referendum, Recall
Little Laboratories
• Different state systems of government
• Different laws and policies
Different laws and policies
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No income tax: 6 states
No sales tax: 4 states
Charter schools: 41 states
School vouchers: 12 states
Environmental laws: California strictest
Changes to the Federal-State
Relationship
• Establishing supremacy of national laws
– McCulloch v. Maryland (1819)
– Gibbons v. Ogden (1824)
• Courts limit national government’s regulation of
the economy
– Schechter Poultry Co. vs. US (1935)
– NLRB vs. Jones & Laughlin Steel (1937)
• New Deal and Great Society expand federal
government’s control over local affairs
• New Federalism
• Recent court cases (US. v. Lopez)
How can the federal government force the state
governments to do what it wants them to?
• Pre-emption legislation that asserts national
supremacy over a whole policy issue
• Grants-in-aid
– Block grants, matching grants
• Unfunded mandates
– Crossover sanctions, Direct orders
What are some policy debates over whether the
federal or state governments have authority to act?
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Immigration enforcement
Environmental regulations
Education regulation
Regulation of health care costs and health
insurance
• Abortion
No Child Left Behind