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Published byEugenia Caldwell Modified over 9 years ago
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Origins of American Federalism Federalism: Constitutional division of power between the national gov’t and state gov’ts. Both get powers from Constitution
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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
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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)
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Reasons (Cont’d) Keeps gov’t closer to the people; multiple points of access for ordinary citizens
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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)
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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
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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)
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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)
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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)
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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
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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
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National Supremacy (Art. VI) National Gov’t supreme in cases of Conflict
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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
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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
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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
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