Federalism

A.P. U.S. Government and PoliticsMrs. Kammerman

The Roots of the Federal System Under the Articles, U.S. was a confederation.

Could not be unitary system like Great Britain.

Chose a federal system.

National and state governments share power.

National and state governments get power from people

.

Distribution of Power• Enumerated powers:

– the expressed powers of Congress that are itemized and numbered 1 -18 in Article I, Section 8 of the Constitution

• Implied powers:– the powers that Congress needs to execute its

enumerated powers; given to them by the necessary and proper clause (“elastic” clause)

• Supremacy clause: – when national and state laws conflict, the national

laws will be followed• Concurrent powers:

– powers that both the national government and the states have

• Reserved powers: – powers that belong strictly to the states by the 10th

amendment

Relations Among the States States must give full faith and credit to other

states.

Privileges and immunities clause guarantees

equality.

States are required to extradite criminals.

States work together through interstate compacts.

The Marshall Court (1801-1835)

Helped define balance of state-federal power

McCulloch v. Maryland (1819)

Confirmed the supremacy of national over state

government and established a looser view of the

term “necessary and proper”

Gibbons v. Ogden (1824)

Established national authority over interstate

business using the “commerce clause”

Two Views of Federalism

• Dual Federalism (1800-1932)– National and state governments act separately

from each other and carry out functions independently (layer cake)

• Cooperative Federalism (1932 – 80)– National and state governments are

interdependent (marble cake)– Examples: New Deal, Great Society

Fiscal Federalism

the pattern of spending, taxing, and providing grants in the federal system; it is the cornerstone of the national government’s relations with state and local governments

New Federalism, 1980-2001 New Federalism defined by return to state power.

President Ronald Reagan was a pioneer.

Also seen in the 1994 Republican takeover of the

House of Representatives – “Devolution Revolution”

1995: Passage of law attempting to end unfunded mandates.

1996: Overhaul of welfare system; created Temporary

Assistance for Needy Families

President George W. Bush departs from this trend.

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TANF: Instituted a block grant program, which replaced Aid to Families with Dependent Children (AFDC) which was a categorical grant program

Supreme Court and Federalism

Court has played significant role in defining federalism.

Idea of “new judicial federalism.”

Issue areas such as sovereign immunity and abortion.

Rehnquist Court initially seemed pro-states.

Court struck down the use of the Commerce Clause to justify

increased congressional power in several high profile cases –

example: U.S. v. Lopez

More recent decisions were mixed.

Uncertainty exists about direction of Roberts Court.

Federalism Case Studies

• Supreme Court: – U.S. v. Lopez (guns)– Gonzalez v. Raich (medical

marijuana)– Gonzalez v. Oregon (physician-

assisted suicide)

• Congress:– Americans with Disabilities Act of

1990– No Child Left Behind Act

AV- Access to Abortion

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Figure 3.1- Governments in the U.S.

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Figure 3.2- Systems of Government

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Figure 3.3- Distribution of Power

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Figure 3.4- Supreme Court and Federalism

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Table 3.1- Compacts by the Numbers

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Dual Federalism/ Layer Cake Federalism

Cooperative Federalism/ Marble

Cake Federalism

What are some of the

disadvantages to states under a federal

system of government?

Do the advantages of

federalism outweigh the

disadvantages? Explain why or why not.

Source: http://mdk12.org/assessments/high_scho

ol/look_like/2008/government/guide/g37.html