Federalism

Federalism in America Federalism – a system of government under which the national government and state governments share powers.

Number of Governments in the United States, 2009 SOURCE: U.S. Census Bureau, Statistical Abstract of the United States, stlocgov.pdf.

Forms of Local and Special Governments

Marble Cake Federalism Insert Picture of marble cake

Federalism Some government powers belong exclusively to national government, some exclusively to the states, and some are shared by the two Expressed/Enumerated Powers – powers that belong only to the national government Reserved Powers – powers that belong only to the states

Examples of Expressed Powers Printing money Regulating Interstate commerce – Gibbons v. Ogden (1824) Making treaties and conducting foreign policy Declaring war

Examples of Reserved Powers Issuing licenses Regulation of intrastate (within the state) businesses Responsibility to run and pay for federal elections

Examples of Shared (concurrent) Powers Collect taxes Build roads Operate courts of law Borrow money

Federal Government Obligation to States Provide a republican form of government Protect against foreign invasion and domestic rebellion Prevent states from subdividing or creating new states without Congressional consent

Requirements for States Full faith and credit clause – accept court judgments, licenses, contracts, and other civil acts of all the other states. Extradition – return fugitives from other states

Supremacy Clause Constitution requires conflicts between federal law and state law to be resolved in favor of federal law. – State laws that violate the Constitution or federal laws can be invalidated through the supremacy clause. – Created by the ruling of MuCulloch vs. Maryland

Differing Opinions States’ Rightists vs. Nationalists