Federalism and the Separation of Powers

Overview of American Federalism

  • Definition of Federalism: A system of governance where power is divided between the national and state governments.
  • Purpose: Limits national power to avoid tyranny and maintain checks and balances.

Learning Objectives

  • Describe federalism and its role in limiting national power.
  • Trace the evolution of federalism from the Founding period to the present.
  • Examine the shift towards nationalized public policy.
  • Explain the current dominance of the national government.

Road Map of the Unit

  • Introduction to Federalism: Demand for federalism
  • American Federalism Explained
  • Constitutional Framework: State vs. federal powers
  • Focus Topics:
    • The 17th Amendment and its implications for federalism
    • Eras of Federalism:
    • Dual Federalism
    • Cooperative Federalism (highlighting The Great Depression)
    • Regulated Federalism (Carrots and Sticks)
    • New Federalism
  • Micro-documentaries: Case study on “Obamacare”
  • Conclusion: Wrap-up and summary of findings.

The Demand for Federalism

  • Key Speaker: Professor Kurt Lash
  • Concept of State Identity: Examination of the need for state identity in the U.S.
  • Map: Shows the diversity and uniqueness of state identities across the U.S.

Federalist Papers Overview

  • Federalist 47:
    • Definition: Concentration of powers in one entity equals tyranny.
    • Quote: "Separation of powers is necessary to ward off tyranny."
    • Acknowledges overlapping powers but stresses balance.
  • Federalist 48:
    • Legislative power continuously expands, posing risk.
    • Congress is viewed as the most dangerous branch needing checks.
  • Federalist 51:
    • Ambition counters ambition—the essence of separation of powers.
    • Divides powers across branches, within branches, and between state and federal authorities.

Systems of Governance

  • Unitary System: Authority centralized in the national government. Examples: United Kingdom.
  • Federation: Authority split between national and state governments. Examples: Canada, India.
  • Confederation: Authority rests within states. Example: United States under the Articles of Confederation.

Features of American Federalism

  • Hybrid Arrangement: Incorporates elements of both unitary and confederation systems.
  • Dual Sovereignty: Concepts of power division:
    • Sovereignty shared by state and national levels.
    • Constitution serves as protector against encroachment into state powers.
  • Sources of Power:
    • State Powers (+local)
    • Federal Powers
    • Concurrent Powers

Federalism and the Constitution

  • Supremacy Clause (Art. VI): Establishes federal law as the