Federalism

Federalism

A system of government that divides power between a national government and state governments.

Why federalism in the US?

States already existed with string institutions and identities

Unitary System

A governmental system where a central government holds all authority and power, such as in the UK and France.

Confederal System

A loose union of states with a weak central government, exemplified by the Articles of Confederation.

Tyranny

Cruel and oppressive government rule; prevented by the federal system through power division.

Federalist #46

An essay by Madison asserting the power of states as a check on federal overreach.

Puerto Rican Political paradox

Puerto Ricans are U.S citizens but have no full representation in congressand cannot vote in presidential elections.

Jones-Shafroth Act (1917)

Legislation that gave Puerto Ricans U.S citizenship

Nationalization of Politics

States issued increasingly viewed through a national lens (abortion, gun control)

Federal vs. state conflicts (immigration laws, sanctuary cities)

Weakens local control over policy

Necessary and proper clause

Allows congress to expand powers beyond those explicitly listed in the constitution- basis for implied powers

Implied Powers

Powers not explicitly listed in the Constitution but derived from the Necessary and Proper Clause.

Expressed Powers

Powers clearly stated in the Constitution, like declaring war and taxing.

10th Amendment

An amendment stating that powers not given to the federal government are reserved for the states.( State authority over health, safety, and welfare)

Gonzalez v. Raich (2005)

Supreme Court case affirming that the federal government can prohibit marijuana use under the Commerce Clause. The federal government can regulate drug use, even in states that have legalized medical marijuana.

Full Faith and Credit Clause

A constitutional provision requiring states to respect legal decisions and public records of other states.

Privileges and Immunities Clause

A clause preventing states from discriminating against citizens from other states.

Guarantees fundamental rights such as work, travel, and legal protection across state lines.

Structural Federalism

The traditional division of power between state and federal governments.

Managerial Decentralization

A shift allowing states flexibility in administration while the federal government sets policies.

Ceiling Preemption

Federal laws that prevent states from setting stricter regulations.

Floor Preemption

Federal laws that set minimum standards, allowing states to exceed those standards.

Medicaid

A state-administered program that provides healthcare coverage for low-income individuals with federal funding.

• State-administered with federal funding, leading to disparities in coverage.

• Influences political participation and perceptions of government effectiveness.

Race to the Bottom

Competition between states that can lead to weaker regulations and standards, particularly in social issues. ( States offering big corporations thing for them to set their headquarters there; Amazon) Goal is to attract investment

Polarization

The division into two sharply contrasting groups or sets of opinions or beliefs, often seen in national politics.

Benefits to federalism

• Allows for diversity of culture, policy, etc.

• States are “laboratories of democracy”

• Minimizes conflicts over policy

• Neutralizes dangerous factions and other groups

• Competition between states

Drawbacks to federalism

• Disagreement of fundamental rights across country

• Hard to get clear answers to policy problems

• Overlapping layers of gov’t and responsibility

• State vs. national loyalty

• Competition between states, i.e “race to the bottom”

  • Amazon headquarters