The US Federal Government

AKE 106 Dr. Cem Klarslan

Federalism as a concept
A political system in which power is divided and shared between the national/central government and the States (regional units) in order to limit the power of the government.

 Federal System divides government

authority between a national and states governments

Unitary System places formal authority in

the central government

Confederal System places authority in the

hands of state governments

The Origins of the Federal System

The Founding Father and the Framers of the Constitution aimed to create a political system between the failed Articles of the Confederation and the tyrannical unitary system of the Great Britain The Major arguments of Federalism 1. Prevents the emergence of any tyranny 2. Leads to increased participation in politics 3. The States can be used as testing grounds for new policies and programs

Two approaches
Thomas Jefferson: States- centered federalism

vs Alexander Hamilton: Nation-centered federalism

The Powers of the Government

Three types of delegated power Enumerated (expressed) Implied Inherent

Enumerated Powers (Literally Expressed)

Article I, Section 8 Lay and collect taxes, duties, imposts Provide for common defence and general welfare of the United States Regulate commerce with foreign nations and among the States and with Indian tribes Coin money and regulate its value Declare war

Implied Powers (Not literally expressed but reasonably implied)

Necessary and proper clause or elastic clause This clause has often been used to expand the powers of the government

Inherent Powers
The powers that belong to the national government by virtue of their existence

Reserved Powers (State Powers) Police powers 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.

Concurrent Powers: Powers shared by the national and state governments For ex: Give preference to the ports of one State over another Denied Powers: For ex: States cannot enter into treaties, alliances or confederations

The Supremacy Clause

Article IV says that the Federal Law is supreme. If the States and Federal Government argue, the Feds win.

The Evolution and Development of Federalism

The US Federal System has changed dramatically in the course of history. The Supreme Court interprets the Constitution and with each decision the Federal system has been redefined McCulloch v. Maryland (1819) Gibbons v. Ogden (1824) Dred Scott v. Sandford (1857)

McCulloch v. Maryland (1819)

The first major decision by the Supreme Court under Chief Justice John Marshall about the relationship between the States and the National Government The Court upheld the power of the national government and denied the right of a state to tax the bank. The Court interpreted the necessary and proper clause broadly and this led to further expansion of federal power in the future

Gibbons v. Ogden (1824)

Conflict between the States and the powers of the Congress Could NY grant monopoly concession on the navigation of the Hudson River? The Hudson River forms part of the border between NY and NJ and the US Congress also licensed a ship to sail the Hudson. Could Congress license a ship to sail? The Court upheld broad congressional power over interstate commerce.

Dred Scott v. Sandford (1857)

The Court tried to keep different powers separate but equal in power. DS was a slave who sued his master. The Taney court held that DS was not a citizen and cannot sue in federal court. The case was dismissed and DS remained a slave. Taney also stated that the Congress had no power to abolish slavery in the territories and slaves were private property protected by the Constitution.

The Stages of Federalism

1789 Dual Federalism 1937 Cooperative Federalism 1960 Regulated Federalism 1970-1990 New Federalism