Federalism

Why Federalism Instead of a Unitary or Confederal System?

  • Not purely philosophical—states already existed with strong institutions & identities.

  • Unitary System: Central government controls all powers (e.g., UK, France).

  • Confederal System: Loose union of states with weak central government (e.g., Articles of Confederation).

  • Federal System: Divides power between national & state governments, preventing tyranny.

State vs. National Loyalties & Power

  • Early Americans were more loyal to states than the national government.

  • Federalist #46 (Madison): States remain powerful as a check on federal overreach.

  • Barron v. Baltimore (1833): Bill of Rights only applied to federal gov.

  • 14th Amendment: Later used to incorporate rights to the states.

Puerto Rico & American Territories

  • Political paradox: U.S. citizens but no full representation in Congress.

  • Jones-Shafroth Act (1917): Gave Puerto Ricans U.S. citizenship.

  • Possible Futures:

    • Status quo

    • Enhanced commonwealth

    • Statehood

    • Independence

Nationalization of Politics

  • State issues increasingly viewed through a national lens (e.g., abortion, gun control).

  • Federal vs. state conflicts (e.g., immigration laws, sanctuary cities).

  • Matters because:

    • Weakens local control over policy.

    • Increases polarization—everything seen as a national battle.

Necessary & Proper Clause

  • Allows Congress to expand powers beyond those explicitly listed in the Constitution.

  • Basis for implied powers (e.g., creating a national bank, regulating industries).

Expressed vs. Implied Powers

  • Expressed (Enumerated) Powers: Clearly stated in the Constitution (e.g., declare war, tax).

  • Implied Powers: Derived from the Necessary & Proper Clause (e.g., national bank, federal agencies).

Reserved/Police Powers & the 10th Amendment

  • 10th Amendment: Powers not given to the federal government are reserved for states.

  • Police Powers: State authority over health, safety, and welfare (e.g., COVID-19 mandates, education).

Incoherent Federalism (Conflicting State & Federal Laws)

  • Gonzalez v. Raich (2005): Federal gov. can prohibit marijuana under the Commerce Clause.

  • Gonzalez v. Oregon (2006): States can legalize assisted suicide, limiting federal intervention.

  • Marijuana Laws: Some states legalized it, but federal law still classifies it as illegal.

  • Shows tension between federal & state powers, creating legal gray areas.


Full Faith and Credit Clause

  • Requires states to respect and recognize legal decisions and public records of other states (e.g., marriage, contracts, court rulings).

  • Ensures consistency across state lines but has limits (e.g., does not force states to enforce out-of-state criminal laws).

Privileges and Immunities Clause

  • Prevents states from discriminating against citizens of other states.

  • Guarantees fundamental rights such as work, travel, and legal protection across state lines.

  • Exceptions exist (e.g., in-state tuition, professional licensing).

Managerial Decentralization and Structural Federalism

  • Structural federalism: Traditional division of power between state and federal governments.

  • Managerial decentralization: Shift where the federal government sets policies but allows states flexibility in administration.

  • Debat

  • e: Is federalism eroding into managerial decentralization?

Preemption (Ceiling vs. Floor)

  • Ceiling preemption (favored by Republicans): Federal law prevents states from setting stricter regulations.

  • Floor preemption (favored by Democrats): Federal law sets a minimum standard, allowing states to go beyond it.

  • Example: California’s stricter emissions laws challenged by federal rollbacks.

Medicaid

  • Covers 42% of American births and accounts for 20% of healthcare spending.

  • State-administered with federal funding, leading to disparities in coverage.

  • Reflects broader federalism debate: national uniformity vs. state-level flexibility.

  • Influences political participation and perceptions of government effectiveness.


Benefits and drawbacks to federalism 


  • Benefits:

    • Allows for diversity of culture, policy, etc.

    • States are “laboratories of democracy”

    • Minimizes conflicts over policy

    • Neutralizes dangerous factions and other groups

    • Competition between states

  • Drawbacks:

    • Disagreement of fundamental rights across country

    • Hard to get clear answers to policy problems

    • Overlapping layers of gov’t and responsibility

    • State vs. national loyalty

    • Competition between states, i.e “race to the bottom”

      • Amazon headquarters


Summary 

  1. People identify more with their city/state/religion than the national government

  • Not really

  1. is is easier to understand local politics than national political because people interact with local politics more often

  • No, generally people do not know

  1. Local governments should be empowered because it’s closer to the people and people care and understand more about their immediate surroundings

  • Who is to blame for the state of public education?