The US Federal Government

7/28/2019 The US Federal Government

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The US Federal Government

AKE 106

Dr. Cem Klarslan


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Federalism as a concept

A political system

in which power is

divided and sharedbetween the national/central government

and the States (regional units)

in order to limit the power of thegovernment.


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Federal System divides governmentauthority between a national and states

governments

Unitary System places formal authority inthe central government

Confederal System places authority in thehands of state governments


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The Origins of the Federal System

The Founding Father and the Framers of theConstitution aimed to create a political systembetween the failed Articles of the Confederationand the tyrannical unitary system of the Great

Britain The Major arguments of Federalism

1. Prevents the emergence of any tyranny

2. Leads to increased participation in politics

3. The States can be used as testing grounds for newpolicies and programs


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Two approaches

Thomas Jefferson:

States- centered federalism

vs

Alexander Hamilton:Nation-centered federalism


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The Powers of the Government

Three types of delegated power

Enumerated (expressed)

Implied

Inherent


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Enumerated Powers

(Literally Expressed)

Article I, Section 8

Lay and collect taxes, duties, imposts

Provide for common defence and generalwelfare of the United States

Regulate commerce with foreign nations and

among the States and with Indian tribes Coin money and regulate its value

Declare war


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Implied Powers

(Not literally expressed but reasonably implied)

Necessary and proper clause or

elastic clause

This clause has often been used

to expand the powers of the

government


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Inherent Powers

The powers that belong to the national

government by virtue of their existence


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Reserved Powers (State Powers)

Police powers

10th Amendment: The powers

not delegated to the UnitedStates by the Constitution, nor

prohibited by it to the States, arereserved to the States

respectively, or to the People.


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Concurrent Powers: Powers shared by the

national and state governments

For ex: Give preference to the ports of one State

over another

Denied Powers:

For ex: States cannot enter into treaties,

alliances or confederations


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The Supremacy Clause

Article IV says that the Federal Law is

supreme. If the States and Federal

Government argue, the Feds win.


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The Evolution and

Development of Federalism

The US Federal System has changed

dramatically in the course of history.

The Supreme Court interprets the Constitution

and with each decision the Federal system has

been redefined

McCulloch v. Maryland (1819)

Gibbons v. Ogden (1824)

Dred Scott v. Sandford (1857)


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McCulloch v. Maryland (1819)

The first major decision by the Supreme Courtunder Chief Justice John Marshall about therelationship between the States and the National

Government The Court upheld the power of the national

government and denied the right of a state to taxthe bank.

The Court interpreted the necessary and properclause broadly and this led to further expansionof federal power in the future


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Gibbons v. Ogden (1824)

Conflict between the States and the powers ofthe Congress

Could NY grant monopoly concession on the

navigation of the Hudson River? The HudsonRiver forms part of the border between NY and

NJ and the US Congress also licensed a ship to

sail the Hudson.

Could Congress license a ship to sail?

The Court upheld broad congressional power

over interstate commerce.


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Dred Scott v. Sandford (1857)

The Court tried to keep different powersseparate but equal in power.

DS was a slave who sued his master. The Taneycourt held that DS was not a citizen and cannot

sue in federal court. The case was dismissed and DS remained a

slave.

Taney also stated that the Congress had nopower to abolish slavery in the territories andslaves were private property protected by theConstitution.


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The Stages of Federalism

1789 Dual Federalism

1937 Cooperative Federalism 1960 Regulated Federalism

1970-1990 New Federalism


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The US Federal Government

Documents

Transcript of The US Federal Government