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Federal Structure
Mixes national supremacy with states' rights.
Cooperative Federalism
Uses grants and unfunded mandates between national and state governments.
Tenth and Fourteenth Amendments
Drive debates on power balance between state and federal governments.
United States v. Lopez (1995)
Limited Congress’s use of the Commerce Clause, favoring state control.
Federalism
A system of government that divides sovereign power across at least two political units.
Sovereign Power
The authority and autonomy given to each unit of government.
States' Rights
The political powers held for the state governments rather than the federal government.
National Power
The authority held by the federal government under the Constitution.
Exclusive Powers
Powers held only by the national government.
Concurrent Powers
Powers shared by both national and state governments.
McCulloch v. Maryland (1819)
Established implied powers and federal supremacy over state laws.
Dual Federalism
Characterized by distinct layers of authority between national and state governments.
Block Grants
Federal funds provided to states and localities for broad purposes.
Categorical Grants
Federal grants with strict guidelines and requirements that often require matching funds.
Coercive Federalism
Involves unfunded mandates that require states to comply with federal regulations.
Competitive Federalism
Encourages states to compete in areas like policies, laws, and services.
Federal Preemption
Federal laws take precedence over conflicting state laws.
Fiscal Federalism
Involves grants-in-aid to influence state policies through financial incentives.
Full Faith and Credit Clause
Ensures that legal decisions are recognized across state lines.
Police Powers
States regulate for public health, safety, welfare, and morals.
Privileges and Immunities Clause
Prevents states from discriminating against citizens from other states.
Remedial Legislation
Used by Congress to enforce constitutional rights and target discrimination.
States' Sovereign Immunity
States cannot be sued in federal court unless they consent.
Tenth Amendment
Reserves powers not delegated to the federal government for the states.
Unfunded Mandates
Require states to perform actions without federal funding.
Unitary Government
The central government holds most or all governing power.
Eleventh Amendment
Prevents suits against states in federal court by out-of-state citizens.
Race to the Bottom
The competition among states to lower standards in order to attract businesses.
Benefits of Federalism
More policy innovation, responsiveness, and checks on national tyranny.
Costs of Federalism
Unequal resource distribution and protections across states.
Ongoing Federalism Debate
Determining the balance between state and national power continues to be a major issue.
Picket Fence Federalism
Collaboration among different levels of government on specific policy issues.
Sovereign Immunity
Legal doctrine preventing states from being sued without their consent.
National Supremacy
The principle that federal law takes precedence over state law in conflicts.
States' Rights vs National Power
Debate over whether states should have more power versus federal government authority.
Implied Powers
Powers not explicitly stated in the Constitution but necessary to implement expressed powers.
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