1D - Federalism

Federalism

• The sharing of powers between the U.S. federal government and the individual state governments

Enumerated Powers

Stated directly in the constitution

Implied Powers

• Those needed to carry out the expressed powers, but not specifically stated in the constitution

• Mostly come from the Necessary and Proper Clause

10th Amendment

• The States are governments of reserved powers

• These are powers not specifically granted to the federal government nor prohibited by it to the states

• Powers Prohibited to States

  • No treaties, alliances, or confederations

  • Can’t Coin money

  • Except if approved by Congress:

    • Put taxes on imports or exports

    • Keep troops or ships of war in time of peace

    • No agreements or compacts with other states or countries

    • Engage in war (unless actually invaded)

Concurrent Powers

• Powers held by both the state and national government 

  • Levying taxes

  • Establishing courts

  • Borrowing money

  • Maintaining order and law

  • Building infrastructure such as highways

  • Charter banks

14th Amendment

• due process and equal protection clause stated that states could not make or enforce any laws that deprive people equal protection of the laws or deprive them life, liberty, or property without due process of the law

• States could no longer discriminate

Commerce Clause

• The ability to regulate the movement of things across borders has been used to increase federal control and regulation of many things not specifically in the constitution

Supremacy Clause

• Means that when there is a conflict between state and federal authority, Federal authority is supreme

Dual Federalism

• Idea of distinct, though not complete, separation between federal/state govt

Cooperative Federalism

• Both levels work together in the same areas of public policy, generally not playing the same roles

• Federal: Raises money and sets standards

• States: Administer programs.

- This allows the Federal government to have influence, but the final say is still left to the states. 

Categorical Grant

• Funds given to states and localities, earmarked for specific categories 

• These are restrictive in what they can be spent on

Block Grant

• Funds given to states and localities to pay for goods, service, or programs with relatively few restrictions on how the funds may be spent

Mandates

• Requirements for states and local governments to comply with the federal law

  • If they do not comply, in danger of losing federal funds

  • Civil rights and environmental protections are the most common

Unfunded Mandates

• Regulations or conditions for receiving grants that impose costs on states and local govts for which they are not reimbursed by the federal government