Federalism | AP US Government: Unit 1.5

Federalism

Division of power between national and state governments, each sovereign in its own sphere.

Dual Federalism (“Layer Cake”)

Clear separation of state and federal powers (1789–1930s).

Cooperative Federalism (“Marble Cake”)

Federal and state governments work together (1930s–1960s).

Creative Federalism

Federal government bypasses states to reach citizens directly (1960s).

Coercive Federalism

Federal government pressures states through grants or mandates (1980s–present).

Supremacy Clause (Article VI)

The constitution is the supreme law of the land. Federal law is supreme over state law.

Necessary and Proper Clause (Article I, Section 8)

Congress has implied powers to carry out its expressed powers.

Commerce Clause (Article I, Section 8)

Congress can regulate trade among states, nations, and tribes.

Tenth Amendment

Powers not delegated to the federal government are reserved to the states.

Enumerated/Expressed Powers

Specifically listed in the Constitution (e.g., tax, regulate commerce).

Implied Powers

Derived from Necessary and Proper Clause (e.g., national bank).

Reserved Powers

Held by states (e.g., education, marriage laws).

Concurrent Powers

Shared by states and federal government (e.g., taxation, law enforcement).

Prohibited Powers

Denied to one or both levels (e.g., states cannot coin money).

Marbury v. Madison

Established judicial review → Supreme Court can declare laws unconstitutional.

McCulloch v. Maryland

Necessary and Proper Clause: Congress has implied powers (e.g., national bank).

Supremacy Clause: States cannot tax federal institutions.

United States v. Lopez

Limited Commerce Clause → carrying a gun in a school zone is not economic activity, so Congress cannot regulate it federally.

Reinforced Tenth Amendment/state sovereignty.

Categorical Grants

Specific purposes, often with conditions.

Block Grants

Broad purposes, more state control.

Formula Grants

Distributed based on formulas (population, income).

Mandates

Federal orders that states must follow.

Funded Mandates

Federal money provided.

Unfunded Mandates

States pay costs themselves.

Devolution

Shifting power back to states.

Often occurs through block grants or reduced federal regulation.

Example: 1996 welfare reform (TANF replacing AFDC).

State Sovereignty

Authority of states to govern themselves.

Strict Constructionist

Government only has powers explicitly stated in the Constitution.

Loose Constructionist

Government can use implied powers.

Fiscal Federalism

The way the federal government uses money to influence what states do.