Federalism Part 1

Introduction to Federalism

  • Definition of Federalism:

    • Refers to a system of layered government, akin to a pyramid structure.

    • Top Layer: National government located in Washington, D.C.

      • Consists of Congress, the President, and the Supreme Court.

    • Middle Layer: State governments from various states.

    • Bottom Layer: Local governments which include towns, cities, counties, and school districts.

    • The interplay between these layers is what is referred to as federalism.

Terminology

  • Federal Government:

    • Typically refers specifically to the national government in Washington, D.C.

    • Essential to differentiate between "federal government" and the broader concept of federalism.

Importance of Federalism

  • Foundational aspect of the American government system.

  • The nature of the relationships between federal and state levels is nuanced and ambiguous.

  • Historical and ongoing changes in these relationships are reflective of the Constitution's vagueness.

Powers within Federalism

National Government Powers:

  • Exclusive Powers of the National Government:

    • Coin money: Only the national government can create currency.

    • Conduct foreign affairs: States cannot establish diplomatic relations.

    • Declare war: Exclusive power of the national government.

State Powers:

  • Exclusive Powers of the States:

    • Control the time, manner, and place of elections: States oversee polling places and registration processes.

    • Public health, safety, and morals: States manage licensing for professions (doctors, lawyers, etc.).

    • Law enforcement: Primarily a state and local responsibility.

    • Establish local governments: States have authority to create counties and cities.

Concurrent Powers:

  • Shared Powers between State and National Governments:

    • Taxation: Both levels can levy taxes.

    • Borrowing Money: Both can incur debt.

    • Establishing Courts: Both can create judicial systems.

    • Establishing Banks: Both can incorporate banking institutions.

Ambiguities in Federal Relationships

  • Interstate Commerce Regulation:

    • The Interstate Commerce Clause empowers Congress to regulate commerce between states.

    • There is ambiguity about if and how states can also regulate commerce.

  • Morality and State Regulation:

    • States historically regulated moral issues (e.g., marriage).

    • Supreme Court rulings have clarified some of these moral regulations (e.g., interracial and same-sex marriage).

  • Funding Responsibilities:

    • Questions arise about who pays for federally mandated state programs (e.g., education).

    • States may be required to implement federal laws without adequate funding from the national government.

Historical Context of Federalism

Period of Dual Federalism (1789 - 1937):

  • Definition of Dual Federalism:

    • Characterized by a clear separation of powers between state and national governments akin to layers in a cake.

    • Each level of government had distinct areas of jurisdiction, with limited overlap.

  • National Government Responsibilities During This Period:

    • Focused primarily on tariffs, infrastructure (roads, railroads), protecting patents, and limited regulation of commerce.

    • Emphasis on state control over areas like education and local governance.

  • Supreme Court's Role in Defining Relationships:

    • Several landmark cases established the boundaries of dual federalism:

    • McCulloch v. Maryland (1819):

      • Issue: Maryland attempted to tax a federal bank.

      • Ruling: States cannot tax federal institutions. This clarified the powers and boundaries set by the Constitution.

    • Gibbons v. Ogden (1824):

      • Issue: New York monopoly on ferry service impacting interstate commerce.

      • Ruling: New York could not grant a monopoly because it violates Congress's exclusive right to regulate interstate commerce.

    • Dred Scott Decision (1857):

      • Issue: Constitutionality of Congress prohibiting slavery in new territories.

      • Ruling: Congress overstepped its authority; states should determine their own laws regarding slavery. This highlights the balance of power issues and the respective authorities of state vs. federal government.

  • Conclusion of Dual Federalism:

    • The period ended due to the Great Depression, leading to significant changes in federal involvement in state affairs.

    • This shift will be addressed in future discussions regarding the evolution of the federal system.