Federal Structure:

• Mixes national supremacy with states' rights.

• Cooperative federalism uses grants and unfunded mandates 

  • Tenth and Fourteenth Amendments drive debates on power balance

    • United States v. Lopez (1995) limited Congress’s use of the Commerce Clause, favoring state control

Federalism: a system of government that tdicides sovereign power across at least two political units

Sovereign power: the amount of authority and autonomy given to each unit of government

States' Rights vs National Power:

• Conservatives favor states' rights; liberals prefer stronger national government

  • States’ benefits: Local influence and policy access

  • Drawbacks: Uneven resources across states

Types of Systems:

• Unitary: National power dominates

• Confederal: States hold power

  • Federal: Power is shared

    • Exclusive powers (national) vs. concurrent powers (shared)

McCulloch v. Maryland (1819):

• Established implied powers and federal supremacy over state laws

Federalism Over Time:

• Shift from dual federalism (minimal interaction) to more cooperative federalism in recent decades

Block Grants:

• Provide broad discretion to states and localities

  • Typically used for general purposes like community development or social services

Categorical Grants:

• Come with strict guidelines and requirements

• Often require matching funds from the state

Coercive Federalism:

• Often involves unfunded mandates

  • States must comply with federal regulations or risk losing funding

Competitive Federalism:

• States compete in areas like tax policy, regulation, and service provision

• Encourages innovation and efficiency in state government

Concurrent Powers:

• Examples include taxation, law enforcement, and road building

• Both levels of government can exercise these powers simultaneously

Confederal Government:

• States have most of the governing power

  • Central government handles only a few functions, such as defense

Cooperative Federalism:

• Involves a mix of national and state collaboration

  • Often linked to federal funding for state programs (e.g., Medicaid)

Dual Federalism:

• Sometimes called "layer cake" federalism

• State and federal governments operate in separate spheres

Exclusive Powers:

• Federal government has powers like coinage of money and control of foreign affairs

• States are not allowed to exercise these powers

Federal Preemption:

• Can occur through statutes or regulations

  • Federal laws take precedence over conflicting state laws

Federalism:

• A balance of power between national and regional governments.

• Allows for local flexibility while maintaining national unity.

Fiscal Federalism:

• Involves grants-in-aid to states and localities.

  • Allows the federal government to influence state policies through financial incentives.

Full Faith and Credit Clause:

• Ensures legal decisions like marriage licenses or court rulings are recognized across state lines.

• Promotes unity among states by reducing conflicts in state laws.

McCulloch v. Maryland:

• Established the doctrine of implied powers.

• Strengthened federal authority by ruling that states cannot tax federal institutions.

Picket Fence Federalism:

• Different levels of government work together on narrow policy areas (e.g., education, transportation).

  • Resembles a picket fence, with each "picket" representing a policy area.

Police Powers:

• States regulate for public health, safety, welfare, and morals.

• Examples include zoning laws, health regulations, and criminal laws.

Privileges and Immunities Clause:

• Prevents states from discriminating against citizens from other states.

• Ensures equal protection for all citizens across state borders.

Remedial Legislation:

• Used by Congress to enforce constitutional rights.

• Often targets discrimination or civil rights violations.

Sovereign Power:

• Includes the authority to make and enforce laws within a territory.

  • Held by both the national government and state governments under federalism.

Dual Federalism: 

• State and national governments are separate entities responsible for different services

  • Minimal overlap

  • Separate domains

States' Rights:

• Supported by the Tenth Amendment.

• Often invoked in debates over federalism and state sovereignty.

States' Sovereign Immunity:

• States cannot be sued in federal court unless they consent.

  • Rooted in the Eleventh Amendment.

Tenth Amendment:

• Reserves powers not delegated to the federal government for the states.

  • A key element in the debate over the scope of federal versus state power.

Unfunded Mandates:

• Require states or local governments to perform certain actions without federal funding.

  • Examples include environmental regulations or education standards.

Unitary Government:

• The central government holds most or all governing power.

• Regional or local governments have little autonomy.

United States v. Lopez:

• The Court limited Congress's use of the Commerce Clause.

  • Ruled that federal gun-free school zone laws overstepped Congress’s authority.

Eleventh Amendment: 

• Not allowed to sue state governments if you do not live in that state, if you live in that state you have to sue the state in state court

Benefits:

• More policy innovation 

• More policy responsivness

• More pathways to responsiveness

• Checks on national tyranny

Costs:

• Unequal resource distribution 

• Unequal civil rights protections

• “Race to the bottom”

That despite the push for more state power, the national government still reigns supreme when there is conflict

• Determining the proper balance between state and national power is an ongoing debate