Federalism

Why did the Founders invent federalism?

• The Founders created federalism to balance power between a strong national government and independent state governments.

• Under the Articles of Confederation (1781–1789), the national government was too weak—unable to tax or regulate trade.

• Federalism solved this by creating a division of power:

  • National government handles issues affecting the entire nation.

  • States manage local and regional concerns.

• The goal was to prevent tyranny, protect liberty, and allow flexibility across diverse states.

What are expressed powers?

• Expressed (or enumerated) powers are powers specifically listed in the Constitution (mainly Article I, Section 8).

• Examples:

  • Coin money

  • Regulate interstate and foreign trade

  • Declare war and raise armies

  • Establish post offices

  • Collect taxes

These are explicitly stated so the federal government has clear authority.

 What are implied powers?

• Implied powers are not written directly in the Constitution but are reasonably suggested by the expressed powers.

• They come from the Necessary and Proper Clause (Article I, Section 8, Clause 18).

• Example: Congress has the expressed power to tax; implied power → create the Internal Revenue Service (IRS)to collect taxes.

• Implied powers allow the federal government to adapt to new situations without amending the Constitution.

What are inherent powers?

• Inherent powers are powers that belong to all sovereign nations, not directly stated but naturally held by the U.S. government.

• Examples:

  • Controlling borders and immigration

  • Recognizing foreign nations

  • Acquiring new territory

• These powers exist because the United States is an independent, sovereign state.

What are shared or concurrent powers?

• Concurrent powers are powers held by both the federal and state governments.

• Examples:

  • Levy and collect taxes

  • Borrow money

  • Establish courts

  • Enforce laws

  • Provide for the general welfare

When both governments exercise these powers, the Supremacy Clause ensures that federal law overrides state law when conflicts arise.

What are some powers denied to the Federal government and reserved to the states?

• The 10th Amendment reserves powers not given to the federal government to the states or the people.

• Powers denied to the federal government:

  • Cannot tax exports

  • Cannot favor one state’s ports over another

  • Cannot interfere with state responsibilities like local education

• Powers reserved to the states include:

  • Conducting elections

  • Establishing schools

  • Regulating marriage, divorce, and local business.

What does the Necessary and Proper Clause say and mean?

• Found in Article I, Section 8, Clause 18:
  “Congress shall have Power to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers...”

• It allows Congress to make laws needed to execute its expressed powers.

This clause expanded federal power by establishing implied powers (used in McCulloch v. Maryland, 1819).

What are some powers denied to the states?

• Article I, Section 10 lists these explicitly. States cannot:

  • Enter treaties or alliances

  • Coin money

  • Tax imports or exports

  • Keep standing armies in peacetime

  • Deny due process or equal protection (per the 14th Amendment)

Why is it true that most of our lives are controlled by our states and cities?

• Daily life—education, traffic, policing, property, marriage, business, and local laws—are state and local responsibilities.

• The federal government typically handles national and international issues, so most personal experiences fall under state jurisdiction.

What does the Supremacy Clause say and mean?

• Article VI, Clause 2:
  “This Constitution, and the Laws of the United States... shall be the supreme Law of the Land.”

• Meaning: Federal law overrides conflicting state laws.

• Example: In McCulloch v. Maryland (1819), Maryland couldn’t tax a federal bank because federal authority is supreme.

What is meant by the guarantee of a “republican” form of government?

• Article IV, Section 4 guarantees every state a republican form of government, meaning government by elected representatives, not monarchy or dictatorship.

• This ensures that power remains derived from the people in all states.

What are interstate compacts?

• Agreements between two or more states, approved by Congress, to address shared problems.

• Examples:

  • The Port Authority of New York and New Jersey

  • Driver’s License Compact (reciprocal recognition of licenses)

• Promotes cooperation between states

What does the Full Faith and Credit Clause say and mean?

• Article IV, Section 1:
  “Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State.”

• Meaning: States must recognize and respect each other’s laws, records, and court decisions (e.g., marriage, adoption, driver’s licenses).

What does the Privileges and Immunities Clause say and mean?

• Article IV, Section 2:
  “The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.”

• Prevents states from discriminating against citizens of other states.

• Example: A person from another state can travel, work, or buy property without unfair treatment.

How can we describe the power of “dual federalism” (1789–1930s)?

• Known as “Layer Cake Federalism.”

• State and national governments operated independently within their own spheres of influence.

• Example: States handled education; the national government handled defense.

This changed during the New Deal era (1930s) when cooperation increased

What is the significance of McCulloch v. Maryland (1819)?

• Landmark Supreme Court case that expanded federal power.

• Facts: Maryland tried to tax the national bank.

• Ruling:

  • Congress had the right to create the bank (implied power).

  • States cannot tax federal institutions (Supremacy Clause).

• Outcome: Strengthened the Necessary and Proper Clause and federal supremacy.

What was nullification?

• The idea that states could ignore (nullify) federal laws they believed unconstitutional.

• Promoted by John C. Calhoun during the Nullification Crisis (1832–33) over tariffs.

Ultimately rejected—states cannot nullify federal law under the Supremacy Clause.

What is cooperative federalism?

• Known as “Marble Cake Federalism.”

• Began in the New Deal era (1930s).

• National and state governments shared responsibilities and worked together on policies like welfare, education, and infrastructure.

• Federal grants encouraged cooperation (e.g., Medicaid, highway funding).

What is “new federalism”?

• Introduced by President Nixon (1970s) and expanded by Reagan (1980s).

• Goal: Return power to the states (“devolution”).

• Emphasized block grants (broad funding with state flexibility) instead of categorical grants (specific purposes).

• Continues today in debates about state vs. federal control (e.g., healthcare, education).