Federalism in the United States

Definition of Federalism: A system of government in which a written Constitution divides the powers of government between a central government and several regional governments.
- Characteristics:
- Involves two or more levels of government, each having its field of authority over the same people at the same time.

Need for a Strong System:
- The government system must effectively support the needs of the country, while also preserving the powers of state and local governments (states, counties, municipalities, etc.).
- Framers' Choice:
- The founders of the U.S. Constitution chose federalism as the governmental structure to balance power.

Number of Governments:
- Total Governments: 89,527
- U.S. Government: 1
- State Governments: 50
- Local Governments: 89,476
  - Breakdown of Local Governments:
  - County Governments: 3,033
  - City Governments: 19,492
  - Town Governments: 16,519
  - School Districts: 13,051
  - Special Districts: 37,387

Balance of Power Over Time:
- Power dynamics between federal and state governments change over time.
- Types of Federalism:
- Dual Federalism:
  - Characterized by separate and distinct powers.
- Cooperative Federalism:
  - Features interwoven powers among the different levels of government.

Local Concerns and Federal Support:
- The federal government permits state and local governments to manage local concerns but provides additional support where needed.
- Examples of Support:
- Natural disasters such as hurricanes, droughts, and floods.
- General Rule:
  - Local concern = local power; national concern = national power.

Delegated Powers:
- Powers granted by the Constitution fall into three categories:
- Expressed Powers:
  - Powers directly specified in the Constitution.
  - Example: Mostly found in Article I, Section 8 (18 Clauses granting 27 powers).
- Implied Powers:
  - Suggested by the expressed powers via the Necessary and Proper Clause (known as the Elastic Clause).
  - Text: "to make all Laws which shall be necessary and proper for carrying into Execution other foregoing Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”
- Inherent Powers:
  - Powers naturally held by the national government as the top-level authority.
  - Examples include regulating immigration, deporting aliens, acquiring territory, and protecting the nation against rebellion.

Federal Government Denials:
- Expressed Denials:
- Prohibits actions like restricting freedom of speech or conducting unlawful searches.
- Silence in the Constitution implies certain powers cannot be exercised, such as uniform marriage/divorce laws.
- Federalism must not be undermined by the federal government.
State Powers:
- Defined predominantly by the 10th Amendment, reserving powers for states.
- Example: Section 2 of the 21st Amendment provides states the authority to regulate alcohol production and sales.
- Denials to States:
- States cannot:
  - Coin money, enter treaties or confederations, or tax the national government.
Concurrent Powers:
- Definition: Shared powers between national and state governments.
- Examples: Include taxation, borrowing money, and punishing criminals.

Powers of the National Government:
- Declare and engage in wars, conduct elections, print and coin money, regulate interstate commerce, maintain armed forces, etc.
Powers of State Governments:
- Governing marriage laws, establishing schools, issuing driver's licenses, and providing public safety services.

Overview:
- The Constitution is the “supreme law of the land” meaning federal law prevails when state and federal laws conflict.

Role of the Supreme Court:
- Acts as a referee to interpret the Constitutionality of laws.
- Landmark case: McCulloch v. Maryland established important principles about federal and state powers.

Art IV Protections:
- The Constitution ensures each state has a republican form of government, protection against invasion, and respect for territorial integrity.

Examples of Federal Assistance:
- Grants-in-aid such as TANF, assistance with law enforcement, training for National Guard units, and coverage of local expenses on federal land.

Incident Overview:
- A $94 million welfare scandal where funds were misallocated for various expenditures instead of direct aid.
Potential Allocations:
- Funds could have provided child care, electricity, vehicles, and transportation stipends instead.

Statistics:
- A report detailing the percentage of state general revenue sourced from federal aid during fiscal years 2015 and 2017.
- Notable high dependency states include Louisiana, Mississippi, and Montana.

Definition and Usage:
- States can form compacts with other states and foreign governments, subject to Congressional approval.
- Example applications include cooperation in law enforcement, climate change initiatives, and conservation efforts.

Requirement:
- States must honor laws, official documents, and court rulings from other states.
Exceptions:
- Criminal cases and divorce are exempt from this clause.

Legal Framework:
- Individuals fleeing criminal charges must be extradited back to the charging state.
- Governor-to-Governor requests typically facilitate this process.

Residency Requirement:
- Only the state of residence grants divorces.
Federal Stance on Same-Sex Marriage:
- Same-sex marriages no longer face federal prohibition, and previous discrimination laws are now unconstitutional.
Historical Context:
- Interracial marriage bans were unconstitutional as ruled by the Supreme Court in 1958.

Definition:
- States cannot unreasonably discriminate against nonresidents with respect to their rights, such as travel, property ownership, and court access.
Reasonable Restrictions Allowed:
- States can impose reasonable waiting periods or fees for nonresidents in certain contexts (voting, public office, professional licenses).