The Federal System in the United States Module 2.2: Powers & Limits of the US Federal 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 Federal Gov’t State A State B State C

Classes of Power in The United States Enumerated Express Article 1 section 8, clauses 1-17, Amendment 16 Implied Article 1 section 8, clause 18 Concurrent compare federal constitution with state constitutions Reserved Amendment 10, 21 Denied (or prohibited) To central government Article 1.9, Amendments 1-8,13,15,19,24,26,27 To member states Article 1.10, Amendments 13-15,19,24,26

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 Devolution 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 Return powers to states Recognize reserved state powers Reinforced by Amendment 10 Federal Gov’t State A State B State C