DE Government: Federalism

What is federalism?

The system of government that divides sovereign power across two or more political units.

What is sovereign power?

The amount of authority/autonomy given to each unit of government.

What power does federal government hold?

This level of government has enumerated (listed) powers. Additionally, they have implied power through the Necessary and Proper Clause. Examples of powers include raising a military, coining money, and regulating immigration.

What power do state governments hold?

State governments have reserved powers given to them via the tenth amendment. This means that they have their own sphere of responsibility. This includes conducting elections and promoting public safety.

What are concurrent powers?

Shared powers between federal and state government. A prime example is collecting taxes.

Privileges and Immunities Clause

Requires states to treat non-state residents within their borders as they would treat their own residents.

Full Faith and Credit Clause

This clause requires that each state’s laws be honored by the other states. 

McCulloch v. Maryland (1819)

A landmark supreme court ruling that stated Maryland could not tax the second bank of the United States and that Congress had the authority to create the bank. Resulted in less state power.

Dual Federalism

State and national governments are separate entities and are responsible for different services. Minimal overlap and separate domains.

States’ rights

states are entitled to a certain amount of self-government, free of federal government intervention.

Cooperative federalism

A form of federalism in which national and state governments work together to provide services efficiently.

What is layer cake federalism?

Federal and state governments operate largely within their own spheres, with little interaction. 

What is marble cake federalism?

Early version of cooperative federalism, where government interaction and cooperation is at different levels.

Not as messy as the metaphor implies.

What is picket fence federalism?

Describes the interaction between the national and state governments occurring in an orderly way, with clear lines of authority and patterns of cooperation.

Cooperation occurs within, rather than across, policy areas.

Fiscal federalism

A form of federalism in which federal funds are given to the lower levels of government through grants.

Block grant

Money provided to states over which they have discretion

Categorical grants

Money to states with “strings attached,” for a specific purpose.

Coercive federalism

An extreme version of fiscal federalism in which the national government forces states to change their policies to match the goals of the federal government. An example is withholding federal highway funds to made the drinking age 21 across all 50 states.

Tenth amendment

The amendment that created reserved (state) powers.

Concepts that support a stronger national government.

The preamble. (Role of federal government in ensuring justice, domestic tranquility.)

Necessary & proper clause (implied powers)

Supremacy clause (federal law overrides state law)

Delegated/enumerated powers.

Concepts that support stronger state government

Tenth amendment, the creation of reserved powers

Eleventh amendment, restricts people from suing a state that they aren’t a citizen of.

What is the process of federalism for environmental policy?

National law about environment is sent to the states for implementation. Requires cooperation.

How does the federal government affect education?

Federal power over education will vary greatly from president to president.

What affects the evolution of federalism?

Citizens’ demands have shifted the relationship between state and national government.

How can states fight for power?

States can resist efforts and pressure by opting out of funding for federal programs such as Medicaid.

What are police powers?

The power to enforce law and provide for public safety.