Federalism

Federalism

•  power is shared between the national and state governments to limit the power of national government

supremacy clause

federal law > state law

commerce clause

Congress has the power to regulate both interstate and foreign commerce

enumerated powers

• powers explicitly given to federal gov

• Major Powers

  • Lay and collect taxes

  • Provide for a common defense

  • Borrow money

  • Regulate interstate and international commerce

  • Uniform laws of naturalization and bankruptcy

  • Coin money 

  • Establish post offices

  • Establish a lower federal court system

  • Declare war

  • Raise and support armies

reserved powers

all powers not specifically delegated to federal gov are given to state govs

concurrent powers

powers shared by the state and national gov

• ability to tax

• spend/borrow money

• create/enforce laws

• establish court systems

powers denied to states

• Enter into treaties, alliances or confederations

• Coin money

• Loan money

• Pass ex post facto laws

• Grant titles of nobility

• Keeps troops or ships of war

• Enter into contracts or agreements with other states or foreign powers

• engage in war

powers guaranteed to states (two articles)

• Article I (1)

  • 2 Senators and at least 1 member of the House of Representatives per state

  • The slave trade was not prohibited before 1808

• Article IV (4)

  • A republican form of government

  • The central government will protect them against foreign attacks and domestic rebellion

tenth amendment

Any powers not given to the federal government are reserved to the states

marshall federalism

John Marshall interpreted the Constitution's Necessary and Proper Clause and Commerce Clause to expand federal power

Marbury v. Madison

1. Background: Federalist William Marbury sued President Jefferson's Secretary of State, James Madison, after his judicial commission was withheld

2. Ruling: The Court denied Marbury's claim and established the SC’s power of Judicial Review, giving the SC the ability to determine whether laws are Constitutional or Unconstitutional

3. Federalism: Cemented the Supreme Court's power as the highest national authority to interpret the Constitution and check the legislative/executive branches

McCulloch v. Maryland

1. Background: Maryland attempted to interfere with the operations of the federally chartered Second Bank of the United States by imposing a tax on its Baltimore branch, which bank cashier James W. McCulloch refused to pay

2. Ruling: The Court unanimously ruled on two key points: 1) Congress had the power to create the national bank under the Necessary and Proper Clause, and 2) States cannot tax a federal institution because of the Supremacy Clause

3. Federalism: established clear supremacy of the national government over states and broadly interpreting the Constitution to grant Congress vast implied powers.

Gibbons v. Ogden

• Background: New York State granted Aaron Ogden a license to operate steamboats between New York and New Jersey. Thomas Gibbons, who had a competing license granted by the U.S. Congress, sued Ogden, arguing the state interfered with his right to conduct interstate commerce. 

• Ruling: The Court ruled in favor of Gibbons (the guy with the federally-given license), holding that the power to regulate interstate commerce belongs exclusively to the U.S. Congress under the Commerce Clause 

• Federalism: significantly expanded federal power over the economy by giving Congress a near-exclusive power to regulate interstate commerce, preventing states from creating conflicting commercial laws.

dual federalism definition and nickname

• Nickname: Layer Cake

• Definition: There are separate and equally powerful levels of government

Dred Scott Case

1. Background: Slave Dred Scott sued for freedom after being taken to live in a free state/territory and returned to Missouri (a slave state). 

2. Ruling: Black people weren't citizens; Scott remained a slave; Congress couldn't ban slavery in territories (Missouri Compromise was unconstitutional).

3. Federalism: Exemplified Dual Federalism by limiting federal power and protecting slaveholders' property rights.

Plessy v. Fergeson

1. Background: Homer Plessy, a man of mixed race, deliberately sat in a "whites-only" train car in Louisiana to challenge a state law requiring "equal but separate" railway accommodations based on race. 

2. Ruling: The Supreme Court upheld the state law, establishing the "separate but equal" doctrine, concluding that racial separation in public facilities was constitutional under the Fourteenth Amendment as long as the separate facilities provided for each race were equal. 

3. Federalism: Dual Federalism era (Post-Reconstruction), the Supreme Court granted authority to states (police power) to enforce segregation and narrowly interpreted the federal protections of the Fourteenth Amendment.

cooperative federalism definition and nickname

• Nickname: Marble Cake

• Definition: National government is still stronger, but coopertation between federal and state governments was essential

two major events during era of cooperative federalism and their context/impact

• Great Depression

  • Context: the economy was rapidly declining, a decrease in agricultural prices, less construction, an increase in bank failures, and stock market crashes.

  • Impact: FDR and legislators decided to get the federal government involved and Congress passed multiple relief programs that increased federal gov power but also required cooperation from the people

• WW2

  • Context: WWII was taking up lots of money and resources. All levels of government needed to work together

  • Impact: 

    • The United States introduced legislation on rationing, price controls, and wartime spending (controlled states)

    • The federal government was also able to convert civilian industries into wartime goods

    • The G.I bill was also passed, which allowed soldiers to kickstart their life after the war, via funding from the federal government

Federal Grants (categorical grants)

• Funds for specific and narrowly defined purposes

  • Education, highway construction, healthcare projects, etc

Creative federalism definition and nickname

• carrot and stick federalism

• using threat of withdrawing funds to keep states in check

Brown v. BOE

• The Brown family was not allowed to enroll their daughter in a nearby all-white school which was closer, instead requiring her to ride a segregated bus to further away

• Court ruled segregated schools were unconstitutional and inherently unequal

• Court Case Significance: Federal government later enforced desegregation, reducing state authority → overturned Plessy for education

Civil Rights Act of 1964:

• Outlawed discrimination based on race, religion, color, sex, and national origin

• Allowed federal government to cut funding to programs or schools that discriminated

• There was a major increase in federal enforcement over the states, leading to violence

Drinking age to 21:

• Congress pressured the states to raise the drinking age to 21 as there were many drunk driving incidents caused by young adults 

• If states refused, it lost 10% of its federal highway funds

• Example of coercive power using conditional grants

New Federalism

• reagan

• aimed to return decision-making to the states

Block grants

• A fixed amount of money given by the government to the state governments for a broad purpose

  • Example: Affordable housing, social services, mental health services, etc.

• REAGAN

Intergovernmental lobby

•  The effort by state and local governments to influence the federal government for funding and to influence federal policy

• Consists of a group of organizations, termed the ‘Big Seven,’ that make up state and local officials who influence federal policies and funding.

• A wide variety of state governments hired lobbyists to stay informed on the federal government and its funding and upcoming programs.

• The National Governors’ Association (NGA), the Council of State Governments (CSG), and the National Conference of State Legislatures (NCSL) are the primary groups.

Unfunded mandates

• When a lower level of government is forced by federal law to create services and regulations, but does not provide the money for them, which forces states and local governments to fund themselves.

Planned Parenthood v. Casey (1992):

• Pennsylvania added restrictions on abortion (waiting period, parental consent, etc.)

• Court reaffirmed the right to an abortion but replaced Roe’s strict framework with the “undue burden” test

• Court Case Significance: Gave states more freedom to regulate abortion as long as they don't place an undue burden on the woman →shifts authority back to the states 

Devolution Revolution – 1990s-2000’s

• Time characterized by republicans taking over the Congress → they claimed that the federal gov’t had too much power and it was time to transition some of it back to the states

US v. Lopez (1995)

• A student named Alphonso Lopez was convicted and charged with carrying a concealed handgun onto school property under the gun free school zone act of 1990

• Lopez argued against his conviction saying how congress is overstepping their authority under the commerce clause

• The issue revolving around this case was that congress did not have the authority to regulate guns within 1000 feet of public school.

• Court Case Significance: The decision made was that only the states had this authority and that regulating guns near school zones have no connection to interstate commerce 

Welfare Reform → Personal Responsibility and Work Opportunity Act (1996):

• Replaced federal welfare (AFDC) with state run block rants, giving states more control 

• Added work requirements and time limits on government assistance

• Required work within 2 years; imposed 5-year lifetime limit on cash benefits

• States could lose funding if requirements not enforced

• Act Significance: Shifted power from the federal government to the states, increasing state responsibility

Defense of Marriage Act of 1996 (DOMA) (1996):

• Defined marriage at the federal level as between one man and one woman

• It allowed states to refuse to recognize same-sex marriages from other states 

• No longer in effect - repealed by Respect for Marriage Act in 2022 → It limited federal benefits for same-sex couples until it was overturned

Obergefell v. Hodges

• The Supreme Court ruled that same-sex marriage is a constitutional right nationwide

• It required all states to recognize and license same-sex marriages

• Court Case Significance: It expanded federal power over state marriage laws under the 14th amendment 

• CONTEMPORARY FEDERALISM

Gonzalez v. Raich (2005):

• Ruling upheld federal power to regulate marijuana, even when states allow medical use

• It was based on the Commerce Clause, giving Congress broad authority

• Court Case Significance: It limited state power in drug policy disputes 

Dobbs v. Jackson Women’s Health Organization (2022)

• It overturned Roe v. Wade, ending the federal constitutional right to an abortion

• It gave states full authority to regulate abortion laws

• Court Case Significance: There was a major shift from federal courts to state governments

Affordable Care Act of 2010

• It expanded federal role in healthcare, including insurance regulations

• It required states to expanse Medicaid →later made optional by the Court

• Act Significance: It increased federal-state cooperation through shared healthcare programs