American Federalism Chapter 3

3 same-sex couples in Vermont filed a lawsuit in 1997 when their request for a marriage license was denied. Eventually they were allowed a “civil union.” “Full Faith and Credit Clause” in Article VI of the Constitution The Controversy Over Same-Sex Marriage

Number of Governments in the United States

Defining Federalism Federalism Government authority shared by national and state governments “Look, the American people don’t want to be bossed around by federal bureaucrats. They want to be bossed around by state bureaucrats”

The Federal System

Alternative to Federalism

Versions of Federalism Dual Federalism Constitution gives a limited list of powers to the national government, leaving the rest to sovereign states. Each level of govt. is dominant w/in its own sphere. Cooperative Federalism Federalism as a cooperative system of intergovernmental relations in delivering goods and services to the people Marble Cake Federalism Involves sharing of responsibilities and cooperation b/w levels of govt. Distinctions b/w levels of govt. are blurred. Competitive Federalism Views the levels of government as being in competition to provide packages of services and taxes

Why Federalism? Protecting liberty (checks tyranny) Dispersing power Increasing participation (govt. closer to the people) Improving efficiency Ensuring policy responsiveness Encouraging policy innovation Managing conflict

Structure of US Federalism express powers (aka enumerated powers) – powers the Const. specifically grants to one of the branches of the natl. govt., also called delegated powers –Ex.) maintain an army, declare war, print money implied powers – powers inferred from the express powers that allow Congress to carry out its functions –Ex.) power to create banks

Structure of US Federalism (cont’d) Necessary and Proper Clause (elastic clause)- Congress has the right to make all laws “necessary and proper” to carry out all powers the Const. vests in the natl. govt. Supremacy Clause – states that the Const., federal laws, and treaties are the supreme law of the land –Some believe that this weakened the 10 th Amendment commerce clause – clause that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations –Used greatly to expand the power of the natl. govt.

State Powers reserved powers – powers reserved only for the states –those powers not specifically granted to the national government or denied to the states in the Const. –Ex.) schools concurrent powers – powers that the Const. gives to both the natl. and state govts. –Ex.) power to levy taxes

Powers of State and National Government

McCulloch v. Maryland (1819) Could Congress charter a national bank? –Yes, even though this power is not explicitly in the Constitution (Necessary and Proper Clause) Could states tax the national bank? –No, because “the power to tax is the power to destroy” Significance – Established doctrine of implied natl. powers and doctrine of national supremacy –Whenever conflict occurs b/w natl. govt. and state or local govt., the actions of the federal govt. prevail –States can’t interfere w/ legitimate acts of natl. govt.

McCulloch versus Maryland (1819) “Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the constitution, are constitutional.” “The power to tax involves the power to destroy…If the right of the States to tax the means employed by the general government be conceded, the declaration that the constitution, and the laws made in pursuance thereof, shall be the supreme law of the land, is empty and unmeaning declamation.” Doctrine of Implied National Powers Doctrine of National Supremacy