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Federalism

Federalism. The division of powers between the federal government and the state governments. Power in Three Systems of Government . Constitutional Powers. Expressed Reserved Implied Inherent Concurrent Prohibited or Denied. Expressed/Enumerated. First 7 articles of Constitution

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Federalism

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  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 “state’s rights” advocates for limited/small government • Abortion and death penalty issues are good examples of the ideological struggle

  6. Implied Powers • Come from “necessary and proper” or elastic clause • Increased usage under Justice Marshall leads to strengthening of national government

  7. Inherent Powers • Not specifically addressed in Constitution but assumed to be part of the national government’s authority • Examples: Foreign relations, immigration policy, territorial acquisitions, environmental treaties, etc.

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

  9. Concurrent…Continued • 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.

  11. 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

  12. Gibbons V. Ogden1824 • 3 key issues • What was the scope of Congress’s authority under the commerce clause? • Did the national government’s power to regulate interstate commerce extend to intrastate commerce? • Was the power to regulate commerce a concurrent power or exclusive national power?

  13. 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.

  14. What’s 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

  15. 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)

  16. 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.

  17. 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.

  18. 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

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