Federalism Powers & Limits

The Basic Idea of Federalism Multiple simultaneous governments –share and exert power over citizens –Classes of power Enumerated –Express (see Article 1 section 8, clauses 1-17) –Implied (see Article 1 section 8, clause 18 Concurrent (compare federal constitution with state constitutions) Reserved (see Amendment 10) Denied (see esp. Article 1 section 9, 10, amendments 1-8, and 27) Balance multiple enduring potential factions –Distinct sources of representation among elected officials –Public participation in all levels of government

Basic Relationships in a Federal System Vertical Federalism –Between strong states and a strong central government Horizontal Federalism –Between and among the states Most disputes in applying federalism focus on the Vertical relationship State A Federal Gov’t State CState B

Foundations McCulloch v. Maryland (1819) –Baltimore Branch of the Bank of the United States, a federal agency, shut down by Maryland tax collectors –Maryland claims concurrent power To tax To regulate commerce –SCotUS decision: concurrent power does exist BUT States cannot tax federal government agencies –Recognizing this power would mean individual states could overwhelm and destroy federal government

Foundations Gibbons v. Ogden (1824) –Gibbons operates a Fulton steam ferryboat between NY and NJ with exclusive NY charter –Ogden obtains a license to operate boats in interstate waters from the federal government –Gibbons claims Ogden charter violates exclusive charter from NY –SCotUS decision: US charters apply in states –Provided commerce crosses state lines –Sets stage for Dual Federalism

The Tension Preemption –The assumption of powers by central government Legislative Executive Regulatory –Previously held by states –Reinforced by Supremacy Clause in Article 6 Devolution –The transfer of powers from central government Legislative Executive Regulatory –Return powers to states Recognize reserved state powers –Reinforced by Amendment 10 State AState CState B Federal Gov’t