1. Origins and Structure of American Federalism1

2. Federalism Defined Reasons for the Federal System in the U.S.
8 benefits:
Other options
Unitary System
Confederate systems
Reasons for federal system in U.S.
Allows unity, but not uniformity – allows for differences among states
More suitable for geographically large nation – allows for differences among states
More suitable for heterogeneous people – allows for differences
More likely to check tyranny (p.66-69)
if tyranny occurred in a few states, fed. govt. could prevent its spread to others (e.g. Shays’ Rebellion)
National govt. has only those powers granted to it – all others belong to states through Amendment 10
cost of checking tyranny is at times inefficiency, but Founders were more interested in checking tyranny than in having a strong and effective govt that could run roughshod over the people’s liberties
Frees national govt. to concentrate on truly national matters
Frees states from excessive intrusion on strictly state/local matters (but discuss problem of growth of federal mandates, and esp. unfunded mandates).
Encourages experimentation – states as “laboratories” (e.g. legalized gambling in Nevada has spread to other states, CA legalization of medical marijuana has been adopted by a few other states)
Keeps govt. closer to people. Multiple points of access for citizens
Other Options
Unitary system (where a central government rather than a constitution delegates power) was undesirable – too reminiscent of British rule. Fear of strong, distant govt. – seen today in France, UK, Japan
Confederate system undesirable – too reminiscent of Articles 2

3. Historical Developments
Duel Federalism
Cooperative “marble cake” federalism
Creative Federalism
New Federalism
Historical developments
Dual federalism (p. 76)
Prevalent through 1937
State govts and national govt each remained supreme within their own spheres
Powers and policy assignments of the layers of govt. were distinct, as in a layer cake
Suggested that the powers of the national govt. should be interpreted narrowly
Examples: McCulloch v. Maryland, Dred Scott v. Sanford, Plessey v. Ferguson
Cooperative (“marble cake”) federalism (p. 77)
Prevalent since 1937
Mingling of responsibilities between the state and national govt.
Sharing of powers and policy assignments, as in a marble cake
Suggests that powers of the national govt. should be interpreted broadly
Examples: New Deal (1930s) and Great Society (1960s) and nationalization of public policy
Creative federalism
Also known as "picket fence federalism," predominated during the period of 1960 to This relationship was characterized by overloaded cooperation and crosscutting regulations.
New Federalism (p. 78)
Shifting of some authority from national govt. back to the states
Associated with Nixon, Reagan, and esp. associated with the 104th and 105th Republican Congress: “Devolution Revolution”
Example: use of block grants in welfare reform bill of 1996 3

4. Types of Powers National Powers State Powers Concurrent Powers
Categories of delegated powers
State Powers
Concurrent Powers
National Supremacy (Article V)
Obligations of National Government to states
National powers. National govt has 3 categories of powers that are delegated to it. Here are the categories of delegated powers:
Expressed (enumerated): actually stated in the Const. (p. 72)
Implied: not stated explicitly, but suggested implicitly. Importance of elastic clause.
Inherent: not stated explicitly, but held by the national govt by virtue of its being a national govt. Any govt is entitled to certain foreign policy powers such as diplomatic recognition, acquiring territory, or defending itself
Examples (p )
State powers: reserved (p. 74)
Amendment 10 states that any powers not granted to the national govt. are reserved for the states
Examples: establishing voting requirements, running elections, licensing professionals, protecting community health, establishing a vehicle code.
Concurrent powers
Granted to Congress, but not denied by Const. or courts to the states  held by both national and state govts
Examples: taxing, borrowing, establishing court system, establishing law enforcement agencies
Questions of fed./state authority are decided by courts
National supremacy (Article VI): national govt. supreme in case of conflict (p. 70)
Obligations of national govt. to the states
Guarantee each state a republican form of govt.
Protect each state against invasion or domestic violence
Grant new states the same rights as other states

5. State Government Obligations
Full faith & credit clause
Privileges & Immunities clause
Extradition
Interstate Compacts
Obligations of state govts
Full faith and credit clause: each state must honor the public acts, records and legal proceedings of other states, e.g., birth certificates, marriages, debts (p.74-76)
Massachusetts Supreme Court legalized gay marriage in If a gay couple is married in MA, this clause suggests that other states must recognize the marriage
However, in the 1990s Congress passed the Defense of Marriage Act, which allowed each state to define marriage, and in effect not recognize gay marriage if the state defined marriage as the union of a man and a woman what will happen now that CA has legalized gay marriage?
Privileges and immunities clause: each state must grant citizens of other states the same rights and privileges that they grant to their own citizens, i.e., states cannot unreasonably discriminate against citizens of other states
Extradition: Governors must return suspects to the states in which they allegedly committed their crimes
Interstate compacts require consent of Congress