Developments in federalism

McCulloch v. Maryland

• created doctrine of implied powers

• limited states ability to impede federal government

Gibbons v. Ogden

• held that power to regulate commerce includes power to regulate navigation

• states can’t interfere with congressional commerce power

Interstate commerce clause

• answers what counts as commerce

• broadening the purposes for which can congress regulate commerce

General welfare clause

• congress has the power to tax and spend for the general welfare of the U.S.

16th amendment

• progressive income tax of corporations and individuals

• fundamental shift in federal revenue

• levy an income tax without apportioning it among the states on the basis of population.

Grants-in-aid

• tool of national policy, offer monetary incentives for states to enact certain policies and advance national policy goals

categorial grants

• money tied to specific, narrow projects, with federal control

General revenue-sharing grants

• policy giving states federal money essentially no strings attached

Block grants

• money given for broad function - health

Dual federalism

• division between national and state functions

• each level of gov. is sovereign and free to operate without interference from each other.

• layer cake

Cooperative federalism

• governments share resources to solve common problems and advance shared interests

• marble cake

Centralized federalism

• fiction of cooperation and federal government assistance breaks down, federal gov. takes lead

• use of categorical grants

New federalism

• transfers back some policy responsibility to states

• reduced dependence on federal funds - block grants

• modern conservative movement

Ad hoc federalism

• view adopted based on partisan convenience

• breakdown of association of reps - state centered approaches, no child left behind

devolution

‘Devolution revolution’ transfers back

some policy responsibility to states