Origins of American Federalism Federalism: Constitutional division of power between the national gov’t and state gov’ts. Both get powers from Constitution

Reasons for federal system (U.S.)  Unitary system: Constitution delegates (gives) power; not the government (British rule)  Confederate system undesirable: (AOC)  Allows unity, but not uniformity  More suitable for geographically large nation  More suitable for heterogeneous people

Reasons (Cont’d)  More likely to check tyranny: national gov’t has power: states have power (Check; 10 Amendment)  Frees national gov’t to focus on national issues (Foreign Diplomacy, Defense, Trade, etc.)  Frees state from excessive intrusion (Exception: federal mandates, e.g. NCLB)  Encourages experimentation (legalized gambling; medicinal marijuana; recreational marijuana; health care requirement)

Reasons (Cont’d)  Keeps gov’t closer to the people; multiple points of access for ordinary citizens

Historical Developments  Dual Federalism  Prevalent through 1937  State gov’ts and nat’l gov’ts each remain supreme in own sphere  Nat’l - regulating commerce (interstate commerce)  States- Providing services (police, sanitation, public welfare; intrastate commerce)

Historical Developments  Cooperative (“marble cake”) federalism  Prevalent since 1937  Mingling repsonsibilities between state/federal  New Deal Programs such as WPA (nat’l)  Social welfare programs (state)  Suggests that powers of nat’l gov’t should be interpreted broadly

Historical Developments  New Federalism  Shifting of some authority back to states  Association with Nixon, Reagan (104 th /105 th Congress); Republican Congress: “Devolution Revolution”  Example: Use block grants in welfare reform bill of 1996 (allowed states to determine how to best spend money)

National Powers Expressed (enumerated)  Collect Taxes, Regulate Commerce, Coin Money, Raise Army, Declare War, Borrow Money Implied (not stated; “elastic clause” )  Levy Income taxes  Establish Federal Agencies (FBI, IRS, Federal Reserve)  Establish National Bank (McCulloch v. Maryland, 1819)

National Powers (Cont’d)  Congress: “To make laws that are ‘ necessary and proper ’ for carrying into execution the foregoing powers”  (Art I, Sec. 8) Implied: not stated explicitly, but held by the national gov’t by virtue of it being national gov’t (protecting borders, regulating immigration)

State Powers: reserved  10 th Amend: states any powers not granted to the nat’l gov’t are reserved for the states  Examples: establish voting requirements, running elections, licensing professionals, protecting community health, establish a vehicle code

Concurrent Powers  Granted Congress, but not denied by Constitution to states (given to both)  Examples: taxing, borrowing, establishing court system, law enforcement  Questions of fed./state authority are decided by courts

National Supremacy (Art. VI) National Gov’t supreme in cases of Conflict

Obligations to the state  Guarantee each state a republican form of gov’t  Protect each state against invasion or domestic violence  Grant new states the same rights as other states

Obligations of state gov’ts  Full Faith and Credit Clause: Each state must honor public acts, records, legal proceedings of other states (birth certificates, marriages, and debts)  Mass Supreme Court legalized gay marriage(2004)  However, in 1990’s Congress passed Defense of Marriage Act, which allowed each state to define marriage as union of man/woman

Obligations (cont’d)  Privileges and Immunities Clause  States can’t discriminate against other citizens (ie taxes, contracts)  Extradition: Governors must return suspects to states where crimes were committed