1. Past, Present and Future
American Federalism
Past, Present and Future

2. Federalism
System of government in which a written constitution divides the powers of government on a territorial basis.

3. To Create a more Perfect Union
Washington, Hamilton, Madison called for a convention to remedy the Problems of the Articles of Confederation
Rejected both confederal and unitary models of government.
New Form – Federalism
1. More than decentralized hierarchy – states are full functioning
2. Framers expected states to have most power.

4. Dual Federalism 1789 to 1865 Equal Partners with separate spheres of authority
Doctrines of Nullification – held states could suspend operation of federal laws they deemed unconstitutional
McCulloch Vs. Maryland – rechartered the Second Bank of US. Expanded implied power and necessary and proper clause of Article I

5. Testing Federalism: The Civil War
Slavery accelerated tensions between nation centered and state centered concepts of the federal system
Federal Government had acted as a servant to states
During the war federal government took over militia, currency and banking

6. Cooperative Federalism 1901-1960
Greater cooperation and collaboration between various levels.
Income Tax and the Grant-in-aid system
New Deal Programs
Civil Rights

7. Division of Powers 10th Amendment
The powers not delegated to the U.S. by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people

8. The Options for distributing power geographically

11. Expressed Powers
Powers delegated to the National Government which are spelled out in the Constitution.
Examples:
Coin money, declare war

12. Implied Powers
Powers which are not expressly stated in the Constitution by are reasonably implied.
Examples:
Necessary and Proper clause

13. Inherent Powers
Powers given to the National government because it is a sovereign state in the world community.
Examples
Regulation of immigration, deportation of aliens

14. Exclusive powers
Powers that can only be exercised by the national government.
Examples
Coin money, Make treaties.

15. Concurrent Powers
Powers that both the national and the state governments posses.
Examples
Collect taxes, define crimes and punishments.

16. Reserved Powers
Powers held by states in the federal system, they are powers that are not given to the National government, but are not denied to the states.
Examples
Marriage licenses, plumbing licenses

18. The Supreme Court The Umpire of the Federal System Examples
McCulloch V. Maryland-1819
Second bank of the United States