1. The Federal System Compound Republic
Constitution first divides Power of the people between two governments
Then subdivides it among separate branches of government
Thus, a double security exists
System in which regional (i.e., state) governments share power with the national government
States get power from their citizens, not from national government (sovereign power)

2. Compound Republic National Government Great and Aggregate Interests
State Governments
Local and particular interests
One level is not dependent on the other; levels are co-equal partners
Justice is the end (or purpose) of government
Specific boundaries are ambiguous
Debate goes back to Federalist--Anti-Federalist struggle

3. Efficiency v. National Purpose
Pro-states (like Anti-Federalists)
Government is closer to the people
States can be source of creativity & democratic experimentation (e.g. welfare reform; extended franchise to women)
Government is more efficient
Pro-nation (like Federalists)
Nation can help in times of crisis (e.g. Great Depression)
Nation can correct state prejudice (e.g. racial segregation)
Together they allow more public participation

4. Alternatives
Unitary system: constitutional arrangement where power is centralized; e.g., relationship of counties and municipalities to states
Confederation: constitutional arrangement in which sovereign states create a central government by compact but limit its power and do not give authority over individuals; e.g., Articles of Confederation or United Nations or European Union

5. Powers of National Government
Express Powers
Specifically granted by the Constitution
Implied Powers
Inferred from express powers & allow Congress to carry out its functions (e.g., establish banks)
Necessary and Proper Clause (Art. I Sect. 8)
Right to make laws for carrying out express powers
Inherent Powers
Powers that inhere in all nation-states; e.g., foreign policy

6. Powers of National Government
Article 1, Section 8 (Congress)
Regulate commerce with foreign nations, among states, and with Indian tribes
Declare war
Collect taxes, duties, imposts, excises
Provide common defense and general welfare
Pay debts
Establish post offices and roads
Raise & support armies, navies ...call the militia
Make all laws that are necessary and proper for executing foregoing powers and all other powers

7. Powers of National Government
Article 6: National Supremacy clause
The Constitution…and the Laws of the United States…shall be the Supreme Law of the Land
States may not override national policies

8. Powers of the States
All powers not granted to the national government or denied to the states by the Constitution (e.g., coin money)
Some concurrent powers, (e.g., collect taxes, spend money, pass laws, establish courts)
Create a republican form of government
Charter local governments
Conduct elections

9. Inter-state Relations
Art. IV, Sect. 1: Give Full Faith & Credit to other states’ public acts, judicial proceedings, etc. (e.g., recognize marriages)
Art. IV, Sect. 2: Extend to citizens of other states the privileges & immunities of their own citizens (e.g., health care or welfare benefits)
Art. IV, Sect. 2: Extradite criminals
Resolve differences without force (interstate compacts)

10. Forms of Federalism Dual Cooperative New Federalism Coercive elements
Competitive
Permissive
New Federalism
Coercive elements

11. Dual Federalism Layer cake model--1789-1932
National government is restricted to enumerated powers
National and state governments have separate spheres, but some ambiguity is unavoidable
Relationship is subject to change
Tension between the two is inevitable

12. Cooperative Federalism
Marble Cake federalism s
National government has expansive view of supremacy clause (Article 6)
National emergencies have invoked “necessary and proper” clause of Constitution (economic externalities)
Cooperation between federal, state & local governments is preferable
States are included in federal decisions, largely through political parties

13. Balance Achieved is Political
Secession & Civil War (question of nullification)
14th Amendment (due process & equal protection)
16th Amendment (federal income tax-1913)
17th Amendment (direct election of senators)
1937 Supreme Court shift with SSA & NLRA
1954 Brown v. Board of Education
24th Amendment (poll tax prohibited-1964)
1964 Civil Rights Act
1965 Voting Rights Act

14. Competitive Federalism
Federal financial support especially through categorical grants encourage competition among state and local governments for federal largesse (1960s)
Administrative staff required to solicit grant funds (growth of bureaucracy)
Pluralist model (many interest groups) also facilitates

15. Permissive Federalism
General revenue sharing (Nixon--early 1970s) made it easier for states to get federal support with no strings attached
Accountability is reduced
Charges of corruption undermined this approach as well as cost

16. Roots of Federal Power Commerce Clause 1819 McCullough v. Maryland
John Marshall: power to tax is power to destroy
bank is prerogative of national government
state cannot tax federal government
Grants-in-Aid
Categorical grants (target specific purpose)
formula grants (formula for eligibility)
project grants (policy focused)
Block grants (broad, general purposes)

17. Problems with Expansive View
national drinking age tied to highway $
coercive use of power through federal “largesse”
Federal mandates such as anti-discrimination or affirmative action measures required of any recipient of federal funds
Unfunded mandates (Reagan--1980s) Congress legislates to states but provides no financial support

18. Reactions New Federalism -- Nixon return power to the states with $
New New Federalism -- Reagan
return power to the states without $ or
block grants
Unfunded mandates
Congress passes laws that are binding on states without financial support (e.g. Age Discrimination in Employment or some environmental laws)
Mandates -- require state action
Restraints -- forbid state action
Preemption -- federal laws trump state law

19. Supreme Court Actions
Allows some state discretion in restricting abortion
Imposes limits on state redistricting efforts when race involved
United States v. Lopez (1995) Gun Free School Zones Act found unconstitutional
United States v. Morrison (2000) Violence Against Women Act deemed unconstitutional