Federal Upper Level Government Lower Level Government Lower Level Government Lower Level Government Lower Level Government Upper Level Government Unitary Confederal Authority UNITARY - CONFEDERAL - FEDERAL FORMS GOVERNMENT ** Upper Level Government Lower Level Government Lower Level Government Authority Citizens Authority ?

The Supremacy Clause Article VI, Section 2: "This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, any thing in the Constitution or laws of any state to the contrary notwithstanding." Return Return

The “necessary and proper” clause Article I, Section 8: “[Congress shall have the power] To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.” Return Return

Amendment X “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.” Return Return

Logical problem: Implied Powers vs. Reserved Powers All possible Governmental Power, at every level of government Enumerated Powers of the national government Reserved Powers of the States Amendment X Implied powers of the national government, from the “necessary and proper” clause Friction!! Return

McCulloch v. Maryland “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 consistent with the letter and spirit of the Constitution, are constitutional.” Return Return

The Interstate Commerce Clause Article I, Section 8: “The Congress shall have the power to regulate commerce with foreign Nations, and among the several States, and with the Indian Tribes.” Return

STATES’ RIGHTS DOCTRINE ** National Government National Government Citizens State Government State Government “Interposition” “Nullification”

14th AMENDMENT ** (Ratified in 1868) Section 1. … No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States… (emphasis added)

National Government State Government No Interactions Between Layers LAYER CAKE FEDERALISM **

National Government State Government Multiple Interactions MARBLE CAKE FEDERALISM **

Federal Aid to States and Localities **

PICKET FENCE FEDERALISM**

Percent of Governmental Spending by Level of Government Return Return

Growth in Federal Spending—Fiscal Federalism Return Return “New Deal” Spending “Great Society” Spending

Growth in Federal Spending 2—Devolution Return Return “New Deal” Spending “Great Society” Spending Period of “Devolution”