POLS 207- The Constitutional Framework of Federalism

The Constitutional framework of federalism

1. where is federalism in the constitution

2. constitutional division of power

3. obligations among govts

4. cooperation and conflict b/t states

Characteristics of Federal Systems

General features and power dynamics

1. different levels of govt control same people and territory

2. important policy-making powers at different levels

3. each level of govt protected from encroachment by the other

4. each unit has the power to influence the behavior of the other

Federalism in the US Constitution

• US constitution is the fundamental law of US

  • defines legal powers of govt and limits on those powers

  • delineates relationships among govt

    • both b/t the federal govt and the states as well as among states

• Basic framework creates political dynamics

The Constitutional Division of Power

1. what the federal govt can (and cant) do

   1. status of US Constitution and national laws

2. what states cant and can do

3. federal govt obligations to the states

4. roles of states in the federal govt

5. relations among the states

Powers granted to the federal govt

Enumerated powers (Art I, 8)

• 17 explicit grants of congressional authority including

  • tax & spend

  • regulate interstate commerce

  • war, treaties

  • coinage

  • post office, etc

Implied powers

• stemming from necessary and proper clauses

Overall, seen as limited grant of authority

National Supremacy

Supremacy Clause

• “This constitution, and the laws of the US which shall be made in Pursuance thereof (…) shall be the supreme Law of the land”

Thus in cases where US Constitution gives national government authority:

• federal law prevails

• federal law preempts state law

Powers Denied to the states

Denied Powers (Art 1, 10)

• states denied the powers of:

  • Treaties and alliances

  • war (unless actually invaded)

  • taxing imports or exports

  • coining money

• cannot enter into compacts (without consent of Congress)

US Constitution relatively silent on what powers of states actually are

10th amendment reserved powers

Reserved powers

• “the powers not delegated to the US by the constitution, not prohibited by it to the States, are reserved to the states, respectively, or to the people”

is this a constitutional grant creating a “domain of state power” or just a constitutional truism”

• US constitution suggests broad, nebulous sphere of undefined state power

  • no limited list of the powers of the states

  • many concurrent powers shared with federal government

Traditional State Police Powers

States (not Congress) have the police power

• This is the power to make laws for the general welfare of their communities, to advance:

  • Health

  • safety

  • welfare

  • morals

• Examples of the use of this power include

  • labor reg, policing, criminal law, public health, public education, contracts, licensing, etc

Federal govt obligations to the states

Guarantee states territorial integrity

The US also guarantee states

• a republican form of govt

• protection from foreign invasion

• protection from domestic violence

  • upon application of the states

Equal representation in the US senate

• federal countries have bicameral legislature where 2nd chamber represents constituents/ regional governments (states)

  • but those chambers dont always have equal legislative authority

  • US senate does… and is very malapportioned

States Roles in the Federal Govt

• election of the president by the electoral college

• governors powers to fill congressional vacancies

• apportionment and redistricting

  • state legislature draw US congressional districts

• State laws govern elections of federal officials

• ¾ of states approval required for (most common) US constitutional amendment process

  • key to the defeat of recent attempts such as the equal rights amendment and dc statehood

States’ Obligations to each other

• This aspect of federalism is sometimes called horizontal federalism or “interstate relations”

• states obligations to each other include:

  • giving “full faith and credit” to “public records, acts, judicial proceedings” of other states

  • Extradition

  • Privileges and immunities

    • states can’t discriminate against citizens and residents of other states

Cooperation and interstate compacts

• interstate compacts are agreements between states (or between states and foreign powers)

• requires consent of US COngress

  • states cant make treaties or enter into alliances

• Framework to manage shared and or regional interests that traverse political borders

  • common uses include

    • conserving national resources; wildlife and fisheries

    • managing interstate tollways and metro areas

Conflicts between the states

• cases “in which a state shall be party” fall under original jurisdiction of SCOTUS (i.e. US Supreme Court)

• Examples of such conflicts:

  • territorial disputes

  • disputes over water rights

Federalism in the US

• set of legal and political relationships

  • vertical relationship between states and national government

  • horizontal federalism among the states in their interstate relations

• Relationship between states and national government has changed over time via:

  • Constitutional and legal change

  • historical developments