Federalism

1
Federalism

• The division of powers between the federal
  government and the state governments

2
Power in Three Systems of Government
3
Constitutional Powers

• Expressed
• Reserved
• Implied
• Inherent
• Concurrent
• Prohibited or Denied

4
Expressed/Enumerated

• First 7 articles of Constitution
• Fathers only listed powers for the national
  government. States were assumed to already hold
  powers
• War, interstate commerce, coining money
• Covered weaknesses of Articles of Confederation

5
Reserved

• Based on 10th Amendment
• State powers have varied with history
• Clause frequently cited by states rights
  advocates for limited/small government
• Abortion and death penalty issues are good
  examples of the ideological struggle

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Implied Powers

• Come from necessary and proper or elastic
  clause
• Increased usage under Justice Marshall leads to
  strengthening of national government

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Inherent Powers

• Not specifically addressed in Constitution but
  assumed to be part of the national governments
  authority
• Examples Foreign relations, immigration policy,
  territorial acquisitions, environmental treaties,
  etc.

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Concurrent Powers

• State shares power with the feds
• Usually implied powers like
• Local and state taxes
• Borrow money
• Establish courts
• Charter banks
• Hold elections

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ConcurrentContinued

• States cannot use reserved or concurrent powers
  to usurp the power of the national government
  (Supremacy Clause)
• All national and state officers must swear
  allegiance to the Constitution

10
Prohibited/Denied Powers

• Limit both State and National Governments
• National cannot impose export taxes, set up a
  national church or school system
• States cannot make treaties, coin money, declare
  war, etc.

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Defining National Power

• McCulloch v. Maryland
• Key Questions and implications
• Can Congress charter a bank (elastic clause)?
• If bank WAS constitutional, could the state of
  Md. Tax it?
• Case established idea of implied powers
• First use of Supremacy clause
• Became basis of strengthening power of national
  government

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Gibbons V. Ogden1824

• 3 key issues
• What was the scope of Congresss authority under
  the commerce clause?
• Did the national governments power to regulate
  interstate commerce extend to intrastate
  commerce?
• Was the power to regulate commerce a concurrent
  power or exclusive national power?

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Gibbons v. OgdenThe Ruling.

• Ruling defined commerce as ALL commerce
• Recognized no limits on commerce except as
  specified in Constitution
• Commerce is exclusively a national power
• Today this means the national govt. can regulate
  tv, radio, electricity, telephones, the
  internet,etc.

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Whats it to you, Bunky?

• The Gibbons case allowed the national government
  to exercise increasing authority over all areas
  of economic affairs.
• By the 1930s, the commerce clause became the
  primary constitutional basis for national
  government regulation.
• The issue led to the Civil War

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History of Federalism

• Dual Federalism aka Layer Cake Federalism
  (1865-1933)
• Cooperative Federalism aka Marble Cake Federalism
  (1933-1968)
• Competitive Federalism (1969-74)
• Revenue Sharing (1969-86)
• New Federalism (1981-89)

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Still More Federal-isms

• Permissive Federalism (1992-1996)
• Devolution.the returning to the states of many
  rights and responsibilities.
• Slater Federalism The belief that naming this
  stuff with deliberately confusing dates and ideas
  is a conspiracy by the folks who bring you the AP
  Exam.

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Figure 3.2 The Changing Purposes of Federal
Grants to State and Local Governments
Source Budget of the U.S. Government, Fiscal
Year 1999, Table 12.2, 205-210.
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Figure 3.3 Federal Aid to State and Local
Governments, 1980-2000
Source Budget of the U.S. Government, Fiscal
Year 1998, Historical Tables, Table 6.1, 99.
19
Devolution in the Polls The States over
Washington