Federalism Federalism power is divided between one central In the US –Each level has certain powers of its own, independent from the other Federalism was passed to settle dispute over who should have
Federalism & the Constitution The Federal Government has expressed powers specifically granted in the Constitution (tax, regulate commerce, declare war, etc.) The Federal Government has implied powers from the necessary & proper clause or “elastic clause” (ex: create a national bank) The 10th Amendment reserves powers to the states (ex: education, law enforcement, etc.) The U.S. Constitution is the supreme law of the land (National Supremacy Clause)
Dual Federalism ( ) Definition Federal and state governments Narrow interpretation Federal government only has jurisdiction if clear expressed in the Constitution (ex: coin money, foreign affairs) State have greater role and
Criticisms of Dual Federalism Positive: –It does reflect the formal distribution Criticisms: –Not realistically describing the way the federal –Did not take into account complex changes brought
Cooperative Federalism (1933-present) Definition National government clearly supreme over the states with wide interpretation of the “necessary and proper clause” (Article I, Sect. 8 of the Constitution, also known as the “elastic clause.”) Federal government intervenes or assists in some areas Began with the New Deal in the 1930s
Effects of Federalism State Politics Places the states in States want to maximize the benefits they can get from the national government and make “smokestack chasing” states bid against one another to get industries to locate within
Effects on Citizens Citizens have access to officials Enhances power of interest groups: –Organized groups of citizens who share political, social, or other
Increased Flexibility Benefits: –Preserve local standards and –Experimentation with Drawbacks: –Making and enforcing laws can be troublesome –Different penalties for the same crime can make it difficult to