Federalism and the U.S.

Constitution
POL 101
Introduction to American Politics

Wednesday, September 9

What is Federalism?

Federal System
Power is shared between a central government and regional
governments.

Confederal System
Regional governments hold all powers.

Unitary System
A central government holds all power over regional units.

What is Federalism?
Dual Federalism (layer cake federalism)
Federal system under which the national and state
governments are responsible for separate policy areas.

Cooperative Federalism (marble cake federalism)

Federal system under which the national and state
governments share responsibilities for most domestic policy
areas.

Modern American politics is best characterized as cooperative

federalism.
Examples drinking age requirements and blood alcohol
minimums.

Federalism in the Constitution

The constitution is aimed mostly at defining the national
governments powers.
NOTE: Federal government and national government
mean the same thing.

Necessary and proper clause, Article I, Section 8.

Gives the national government flexibility in defining its rights
vs. state rights.

Supremacy Clause, Article VI

When state and national laws conflict, national laws prevail.
Example marijuana laws. Why are states currently able to
legalize recreational use?

Federalism in the Constitution

10th Amendment
The powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are reserved to
the States respectively, or to the people.

As a result of the necessary and proper clause, as well as the

10th amendment, the lines between state and national powers
are often blurred (i.e., cooperative federalism).
Concurrent Powers
Powers shared by the states and national government.

Early Federalism in the U.S.

Framers of the Constitution intentionally left state and
national powers vague.
Federalists
A national government is necessary to regulate the common
concerns of citizens in every state of the Union. (see Alexander
Hamiltons Federalist #16 & #17 )

Anti-Federalists
The powers given to the national government, combined with
the necessary and proper and the supremacy clauses, will
lead to national domination over the states. (see the
Anti-Federalist #17 )

The Role of the Supreme Court

The Court has played an important role in shaping the

relationship between the states and national government.
From the 10th amendment The powers not delegated to
the United States [...] nor prohibited to it by the States...
Since these powers are so vague and open to such broad
interpretations, states often conflict with the national
government.

Supreme Court settles these disputes with its own

interpretations of the Constitution.
Since the Courts justices change over time, so to does the
meaning of the Constitution.

McCulloch v. Maryland (1819)

Commerce clause, from Article I, Section 8
Gives Congress the power to regulate commerce with foreign
nations, and among the several states, and with the Indian
tribes.

A dispute between the Maryland legislature and the Second

National Bank of the United States.
Does Congress have the authority to charter a national bank
under the commerce clause and the necessary and proper
clause?

Chief Justice John Marshall rules that Congress does have

such authority a national bank was necessary to regulate
commerce among the states.
10th amendment supremacy of national over state laws.

Gibbons v. Ogden (1824)

The state of New York has a steamboat monopoly on the

Hudson River.
Again, Chief Justice John Marshall...
The steamboat monopoly is an obstruction to commerce
among the states, which Article I, Section 8 gives Congress the
authority to regulate.

Although the judicial branch is meant to be isolated from

politics, John Marshall seems to fall in the Federalist camp.

Other Expansions of National Power

The Civil War

Northern-dominated national governments policies conflict
with the interests of southern states.

16th Amendment (1913)

The Congress shall have the power to lay and collect taxes on
incomes, from whatever source derived, without apportionment
among the several States, and without regard to any census or
enumeration.

Expansions of National Power

The New Deal
Series of economic policies passed by the Roosevelt
administration to help the nation recover from the Great
Depression.

U.S. Term Limits, Inc. v. Thornton (1995)

Supreme Court rules that states cannot impose term limits on
members of the national Congress, under Article I of the
constitution.

Gonzales v. Raich, (2005)

Congress can criminalize medical marijuana regardless of state
laws.

Expansions of National Power

September 11, 2001

The PATRIOT Act greatly expands the national governments
power in regards to wiretapping, surveillance, and domestic
security.

Affordable Care Act

Will power over healthcare regulations remain with the
national government or shift back to the states?

Expansions of State Power

Devolution
The transfer of powers and responsibilities from the federal
government to the states.

Rehnquist Court, 1991 to the post-9/11 period.

9/11, followed by Gonzales v. Reich, signaled the end to
Rehnquists federalism revolution.

Marijuana legalization
Obamas executive order to allow states to regulate marijuana
use, sale, and production.