Federalism in the U.S. Constitution: Powers, Concerns, and Policies

Federalism

2+ governments exercise power over the same people and territory.

Concerns about Federalism

People worried the National Government would ignore state sovereignty, impose unfair taxes, and become a "British monarch pt. 2."

Supporters of Federalism

John Jay and Alexander Hamilton.

Federalist No. 9

Hamilton assured doubters that the Constitution would respect state governments.

Delegated Powers

Powers the Constitution grants or delegates to the national government.

Expressed Powers (Enumerated Powers)

Powers stated by the Founders in the first 3 Articles of the Constitution.

Implied Powers

Powers not stated in the Constitution but implied.

Reserved Powers

Powers not delegated to the national government; reserved for the states.

National Government Powers (Implied + Expressed)

"Regulate foreign and interstate commerce; Print and coin money; Provide army; Admit new states and govern territories; Establish post offices and roads; Conduct foreign relations; Negotiate treaties; Appoint ambassadors; Establish Supreme Court; Establish federal court system."

Concurrent Powers (Shared by National and State Governments)

"Levy taxes; Borrow money; Charter banks; Protect rights of citizens; Establish courts and define crimes; Make, enforce, and interpret laws."

State Powers

"Regulate trade within state; Establish local governments; Establish public schools; Conduct elections and set voter qualifications; Provide licenses; Handle marriage and divorce."

Concurrent Powers

Powers shared by the federal and state governments.

Denied Powers (Articles 1

Sections 9 & 10 + Bill of Rights),"Section 9: No titles of nobility, habeas corpus, or tax on exports; Section 10: No army, treaties, or taxes on imports/exports."

Supremacy Clause (Article 6

Clause 2),Acts and treaties are the supreme law of the land.

National Government Obligations to States (Article 4

Section 4),"Guarantee each state a republican form of government; Protect from foreign and domestic violence; With presidential authority, send federal troops to states during civil unrest if requested."

Historical Examples of Federal Troop Use

"President Grover Cleveland sent troops to Chicago to protect federal property during riots; Eisenhower and JFK sent troops to stop southern states from blocking integration (Eisenhower - Little Rock Nine, Arkansas)."

National Government Intervention

Also intervenes after natural disasters.

Territorial Integrity (Article 4

Section 3),National government must respect the territorial integrity of each state.

Enabling Act

Congress allows a U.S. territory to prepare a state constitution before becoming a state.

Obligations of States

States and local governments conduct and pay for elections but the Constitution sets time, place, and manner.

Amending the Constitution

Requires approval of ¾ of the states (Article 5).

Federal Grants

Money given to state or local governments for a specific reason.

Federal Aid

Money given to states for a specific purpose; comes from collected taxes.

Block Aid

Large amount of money given with freedom in spending.

Mandates

"Laws requiring states to take action or provide a service meeting national standards (e.g. driver's licenses, civil rights)."

Restraint

Limits a state's ability to regulate an area.

Preemption

"Congress passes laws allowing the national government to assume responsibility for state functions, affecting local/state budgets."

Unfunded Mandates

"Congress requires action but doesn't provide funding, leaving cost to states."

State Powers (Life

Liberty, Property),"Regulate and promote business; Preserve natural resources; Enforce criminal laws; Protect individual rights; Public health care; Support local businesses; Prevent unfair advertising; Ensure employment and worker safety; Set minimum wage."

Criminal Code

Laws prohibiting crimes such as murder, rape, assault.

State Governments and Education

"Establish local school districts and oversee schools, set rules, and collect taxes."

Federalism Benefit

Allows states freedom in laws, regulations, taxes, criminal codes, and budgets.

Extradition

States must return criminals or fugitives who flee to another state (Privileges and Immunities Clause, Article 4, Section 2).

Interstate Compacts

"Agreements between states to handle differences peacefully; must be approved by Congress."

Interstate Lawsuits

"Occur when disputes can't be resolved by negotiation or compacts (often about rivers, pollution, sewage, etc.)."

Congress and State Funding

Congress gives money to states, often requiring focus on social welfare programs.

No Child Left Behind Act

Required states to test students' basic skills to receive federal funding.

Policy

A stated course of action to address problems.

Public Policy

The government's settled course of action.

Georgia Voting Law

First state to allow 18-year-olds to vote.

Sunset Law

Law that automatically ends after a certain date.

Sunshine Law

Prevents officials from holding closed meetings.

Commerce

Buying, selling, producing, transporting goods across state lines.

Commerce Clause Use

Used to prohibit racial discrimination in hotels, restaurants, and public accommodations.

Lopez v. United States

Law must regulate an economic activity to be justified under the Commerce Clause.

National Federation of Independent Business v. Sebelius (2012)

"Affordable Care Act's individual mandate not constitutional under Commerce Clause, but the law was upheld."

States' Rights Position

"Supports stronger state and local governments; based on the 10th Amendment limiting national power."

Nationalist Position

"Favors national action and a strong central government; based on Supremacy and Elastic Clauses."

Benefits of Federalism

"Encourages political participation; Gives access to government leaders; Lets people influence public policy; Allows citizens to vote on issues; Supports special interest groups; Connects political participation with public policy outcomes."