Federalism Test

Gibbons v. Ogden

• ruled that New York's monopoly on steamboat traffic was unconstitutional because it conflicted with federal law

• resulted in a landmark decision that established Congress's broad power to regulate interstate commerce, including navigation, under the Constitution's Commerce Clause

• setting a precedent for future federal regulation of the national economy

McCulloch v. Maryland

• upheld the constitutionality of the Second Bank of the United States

• Congress had the power to charter the bank through its implied powers under the "necessary and proper clause"

• states could not tax a federal institution

• strengthened federal power and affirmed that federal laws are supreme to state laws

Unites States v. Lopez

• The Court ruled the Gun-Free School Zones Act of 1990 was unconstitutional

• Congress had overstepped its power under the Commerce Clause

• Possessing a gun in a local school zone was not an economic activity that substantially affected interstate commerce

• reaffirming the principle that federal authority has limits and that regulating local issues like gun possession in schools is a state matter

Enumerated (expressed, delegated) powers

• Enumerated powers: the specific powers explicitly granted to the U.S. federal gov., primarily Congress, by the Constitution, listed in Article I, Section 8

• expressed: Powers granted to the federal gov. by the Constitution

• delegated: Powers specifically listed, or "spelled out," in the Constitution

ex: Military: The authority to declare war, raise and support armies, and provide and maintain a navy are enumerated powers

Implied powers

• powers of the federal gov. that are not explicitly written in the Constitution but are necessary to carry out its express powers

• derived from the Necessary and Proper Clause

ex: McCulloch v. Maryland: Congress has the power to tax and borrow money, and the Supreme Court ruled that creating a national bank was a necessary and proper way to do so

Inherent powers

ex:

Concurrent powers

ex:

Reserved powers

ex:

Extradition

Obligations of the national government to the states

Causes for growth in the power of the national government

New Federalism (devolution)

Cooperative Federalism

Dual Federalism

10th Amendment

Categorical Grants

Block Grants

Formula Grants

Project Grants

Commerce Clause

Supremacy Clause

Necessary and Proper Clause (aka elastic clause)

Full Faith and Credit Clause

Privileges and Immunities Clause

Why did the framers establish a federalism system? There are multiple reasons know them (and to “avoid tyranny” is not acceptable)

What has caused federalism to “evolve” over time?

Powers denied the states

Powers denied the Federal/National Government

Advantages and disadvantages of a federal system

• Advantages:

• Disadvantages:

Unitary system v. federal states v. confederation

• Unitary system: 

• Federal states:

• Confederation:

Mandates and unfunded mandates

• Mandates:

• Unfunded mandates:

Coercive federalism – “carrot and stick”

Brutus 1

• Anti-Federalist essay written to argue against the ratification of the US Constitution, warning that a large powerful central gov. would inevitably lead to tyranny by infringing on individual liberties and state sovereignty

• Size of republic: claimed US too large for republican form of gov., representatives would not be close to people to understand their needs

• Threat to individual liberties: warned new Constitution’s broad powers would threaten individual freedoms, emphasizing need for a Bill of Rights

•  Unlimited power of federal gov.: concern over “necessary and proper clause” and supremacy clause could give federal gov. Unlimited and uncontrollable power, potentially leading to destruction of state govs.

• Standing armies and taxation: criticized power of national gov. to raise standing army during peacetime, feared it would be used to oppress people, federal power to tax would be used tyrannically

• Annihilation of state power: feared central gov. would absorb powers of the states, leaving them insignificant and leading to destruction of a decentralized system

Federalist 10

• Madison argues a large, diverse republic is the best way to control the dangers of “factions” (groups united by interests harmful to the rights of others or the common good

• Factions are inevitable, large republic will control their influence so one does not gain control and oppress others

• Elected representatives can filter public opinion, promote reasoned debate, and act in the broader public interest

• The two ways of eliminating the causes of faction are destroying liberty and giving everyone the same interests, passions, and opinions (Both are unacceptable because they go against essentially human nature; it is impossible to get rid of these causes)