Federalism

Federalism

The U.S. Constitution provides for the division and balance of powers between two levels: the National Government and the States Government

Types of Federalism:

• Dual or “layer cake” 

• Cooperative or “marble cake” 

• Fiscal Federalism

Dual or “layer cake” 

The roles of government are clearly divided between national and state governments

Cooperative or “marble cake” 

The national government works with states and localities to pursue nationally defined goals

Fiscal Federalism

• Block Grants: the federal government gives state and local governments money for programs and services; they are given more broadly without specific purposes

• Categorical Grants: the federal government provides funds for specific purposes or categories (e.g. education)

• Unfunded Mandates: requirements or obligations imposed by the federal government on state or local governments (e.g. making buildings ADA compliant)

National Government powers

• Delegated Powers: powers assigned to the national government in the Constitution. (e.g. declaring war)

• Implied Powers: powers of the national government not expressly stated in the Constitution but reasonably ‘implied’ by the expressed powers (e.g the power to create a national bank)

State Government power

Reserved Powers: powers that the Constitution does not grant to the National Government and does not, at the same time, deny to the States. (e.g. regulating education)

Both National and State Government power

Concurrent Powers: powers that both the national government and states possess and exercise (e.g. levying taxes) 

Supremacy Clause

the Constitution establishes the supreme law of the land

Necessary and Proper Clause

Congress may do what is necessary and proper

Commerce Clause

Congress oversees commerce (or flow of goods and services)

Full Faith and Credit Clause:

Official documents like marriage licenses, divorce papers, birth certificates, and drivers licenses are valid in all states.

Extradition

If you commit a crime in a state, that state is required to return you to the state which you are from

McCulloch v. Maryland ruling

• The Constitution states that federal laws are supreme over state laws

• Balance of power was tipped toward the federal government

• Ruling: Congress has implied powers to implement its enumerated powers

• Therefore, the power to create a national bank is “necessary and proper” because Congress has the power to coin money and oversee commerce

McCulloch v. Maryland purpose

• The Constitution states that federal laws are supreme over state laws

• Balance of power was tipped toward the federal government