Chapter 2: Federalism - The Power Plan

Unitary System

Power concentrated in central government; local govs only act with permission. Ex: U.K. Parliament

Confederal System

Power concentrated in regional governments; central gov depends on them. U.S. under Articles of Confederation; Confederacy (1861–65)

Federal System

Power shared between national & state governments; both are sovereign and independent in their spheres. U.S. Constitution established this

Local governments

derive authority from states, not sovereignty

Articles of Confederation

too weak → economic chaos, foreign threats.

Annapolis Convention (1786) + Shays’s Rebellion

push to strengthen central gov.

Balance

Strong national gov, but states remain coequal partners

Federalists & Anti-Federalists

(Hamilton, Madison, Washington) favored central power; Anti-Federalists feared tyranny. Federalism chosen as middle ground.

Advantages of Federalism

1. Keeps gov closer to people; accommodates state differences.

2. Reduces conflict by letting states address diverse preferences.

3. Encourages experimentation – states as “laboratories of democracy”.

4. Helps achieve national goals with state/local cooperation.

Disadvantages of Federalism

1. Creates complexity & confusion (e.g., 51 tax codes).

2. Can increase conflict – vague constitutional divisions.

3. Duplicates efforts, reduces accountability (multiple police forces, overlapping agencies).

4. Hard to coordinate nationwide; inequality across states (health care, education). 

Enumerated Powers

(Art. I, Sec. 8) – explicit powers (e.g., commerce, declare war)

Implied Powers

necessary & proper clause + general welfare clause

Supremacy Clause

(Art. VI) federal law is supreme

Concurrent Powers

shared by federal & states (tax, borrow, spend)

Reserved Powers

(10th Amend) powers not given to feds reserved to states

14th Amendment

guarantees due process & equal protection, expands federal authority

Full Faith & Credit Clause

states must recognize public acts/records of other states

Privileges & Immunities Clause

prohibits discrimination against out-of-state citizens

Dual Federalism Timeline

1789-1933

Dual Federalism Nickname

Layer cake federalism

Dual Federalism

State & federal separate, sovereign in own spheres

Dual Federalism Compact Theory (Calhoun)

states could nullify federal law, even secede.

Dual Federalism Supreme Court

often sided with states (Taney Court)

Dual Federalism Infamous Case

Dred Scott v. Sandford (1857)

Cooperative Federalism Timeline

1933-1964

Cooperative Federalism Nickname

Marble cake federalism

Cooperative Federalism

• New Deal (FDR): federal gov expands role in economy, welfare, labor.

• States implement federally funded programs.

Centralized Federalism Timeline

1964-1980

Centralized Federalism Nickname

Picket-fence lederalism

Centralized Federalism

• LBJ’s Great Society → categorical grants w/ strings.

• Federal gov dictates policy directions using funding leverage.

• Rise of unfunded mandates (laws without federal money).

New Federalism Timeline

1980-2002

New Federalism

• Reagan & Nixon: reduce federal grants; favor block grants.

• Push for devolution (return power to states).

• Mixed success: states gained flexibility but still faced federal preemptions.

Ad Hoc Federalism Timeline

2002-Present

Ad Hoc Federalism

• No consistent philosophy; states/nation-centered view shifts by politics.

• Driven by partisanship & polarization.

• Example: COVID-19 response—divided along party lines.

• Result: policy “whiplash” depending on president, chaotic responses across states. 

Devolution

Return powers to the states

McCulloch v. Maryland (1819)

upheld national bank; broad interpretation of implied powers

Dred Scott v. Sandford (1857)

 limited federal power, invalidated Missouri Compromise.

Modern Supreme Court

often mediates conflicts over federal vs. state power