Federalism
States into a Nation
This presentation is the property of Dr. Kevin Parsneau for use by him and his
current students. No other person may use or reprint without his permission.
Questions:
• What is federalism and what are its most important
features?
• Why federalism?
• What historical events have altered the balance of power
between the states and the federal government?
• What are the current controversies about federalism?
• Are we ever going to work this out and is there even a
permanent solution?
• Federalism: a system in which power is divided
between a central government and
subnational/ regional governments (states).
• Unitary: a system where a national
government creates subnational
subgovernments as administrative units
(Great Britain)
Features of Federal
•
•
•
•
•
•
Federal, State and Concurrent Powers
Supremacy Clause
Implied Powers—“Elastic Clause”
Regulate commerce—“Commerce Clause”
States’ Rights (10th Amendment)
Full Faith and Credit Clause
Federal Powers
• Expressed Powers
– Regulate Commerce and Trade
– Foreign Relations, War and Peace
– Coin and Print money
– Raise and Support Military
– Establish Post Offices and Roads
– Naturalization and Immigration
• Implied Powers (Elastic Clause)
State Powers
• States had powers prior to the Constitution
– Regulate Trade within State
– Establish local Government
– Conduct Elections and Set Voter Qualifications
– Incorporate Businesses, license professionals
– Make Marriage Laws
• Reserved Powers (10th Amendment)
Concurrent Powers
• Powers of federal and state governments
– Taxation
– Borrow Money
– Establish Courts
– Charter Banks
– Enforce Laws and Punish Criminals
Supremacy Clause
• “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, anything in the constitution or laws
of any state to the contrary notwithstanding.”
Implied Powers
• Powers of the federal government not
specifically expressed but implied through the
interpretation of the delegated powers.
• McCulloch v. Maryland (1819)
Elastic Clause
• “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.”
Commerce Clause
• “ The Congress shall have power . . . To
regulate commerce with foreign nations, and
among the several states, and with the Indian
tribes; ”
– Gibbon v. Ogden (1824)
– Much of the federal government’s current
regulatory authority comes from the broad
interpretation of the Commerce Clause
Tenth 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.”
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. And the
Congress may by general laws prescribe the
manner in which such acts, records, and
proceedings shall be proved, and the effect
thereof.”
Why Federalism?
• Practicality
• Control Faction
• Natural?
Rise of the Federal Government
• Dual federalism (1780s- approx. 1930)
• Cooperative federalism (since 1930)
Dual Federalism
• Dual federalism: Constitution is an agreement
among states and thus the powers of the
federal government are appropriately limited,
and the powers and responsibilities are clearly
divided between states and federal
government.
Cooperative Federalism
• Cooperative federalism: Constitution is an
agreement among people who are citizens of
both states and nation, and powers and
responsibilities are blurred and mixed
between states and federal government.
Historic Events
• Rise of the national government
– Louisiana Purchase (1803)
– Civil War (1861-65)
– Progressive Era (1880-1920 TR [1901-1909])
– FDR—New Deal/ WWII (1932-45)
– Cold War (1945-91)
– Great Society (1961-1968)
Historic Events (cont.)
• Return of the States
– New Federalism (1970s)
– Reforming New Federalism
– “Devolution” (Newt Gingrich 1994-1999)
Features of New Federalism
• Federal Money Administered by the States
– Formula Grants
– Grants-in-aid
– Categorical Grants
– Block grants
• Mandates and Unfunded Mandates?
Controversies
• Can we find a fair balance?
• Can states address all the problems?
• Can federal understand all the local
situations?
• Are states rational units of administration ?
Some Thoughts
• Federalism divides power between national and state
governments.
• State autonomy
• National supremacy
• Federalism
• Natural solution
• Further divides power
• Growth of national government through our history
• Civil War, WWI, Great Depression, WWII…
• Balancing power and practicality