Federalism W2025

Federalism

  • Definition: A system in which the national government shares power with lower levels of government.

  • In the U.S., the Constitution divides power between the federal government and the states.

Etymology

  • Federalist from Latin: "to trust."

Forms of Government

  • Federalism: National government and states share power.

  • Unitary: Centralized authority; the central government holds primary power.

  • Confederal: A union of independent states where the central authority has limited power.

Federalism in the Constitution

  • National Powers:

    • Supremacy Clause (Article VI)

    • Necessary and Proper Clause (Article I, Section 8)

  • State Powers:

    • Article 1, Section 8 & Tenth Amendment (Reservation Clause)

States' Influence on National Government

  • States shape national governance by electing officials and ratifying amendments.

  • Amendments require ratification by ¾ of states.

  • States determine congressional representation and can redraw electoral districts.

Relations Between States

  • Article VI: Full Faith and Credit Clause requires states to honor public acts and records from other states.

  • Privileges and Immunities Clause prevents discrimination against citizens of different states.

Power Distribution in Federalism

  • Expressed Powers: Clearly enumerated in Article I, Section 8.

    • Examples: Collect taxes, coin money, regulate interstate commerce, declare war.

  • Implied Powers: Given by the Necessary and Proper Clause, allowing Congress to legislate on matters not explicitly listed.

  • Reserved Powers: Given to states under the Tenth Amendment, includes police power and concurrent powers shared with the federal government.

Evolution of U.S. Federalism

  • Federalism has evolved, with the national government gaining strength over time, especially during crises or national conflicts.

Philosophies of Federalism

  • Nationalist Position: Advocates for a strong national government.

  • States' Rights: Belief that states hold significant authority.

Obligations of States to Each Other

  • Full Faith and Credit Clause (Article IV, Section 1): Each state must respect the acts and judicial proceedings of other states.

Local Government

  • Local governments are not mentioned in the Constitution but depend on state authority.

Types of Governments in the U.S.

  • National: 1

  • State: 50

  • County: 3,033

  • Municipal: 19,492

  • Townships: 16,519

  • School Districts: 13,051

  • Special Districts: 37,381

Dual Federalism (1789-1937)

  • Interpretation where federal government managed certain powers while states governed others.

  • Federal government dealt mainly with foreign affairs; states handled domestic issues like property, marriage, and criminal law, allowing for varying state rights.

Impact of the Civil War on Federalism

  • The Civil War expanded national power; the Northern victory established federal supremacy.

Supreme Court's Role

  • Under Chief Justice John Marshall, the Supreme Court defined the balance of power, notably in Marbury v. Madison (1803) which asserted judicial review.

Civil War Amendments

  • 13th Amendment: Abolished slavery.

  • 14th Amendment: Due process and equal protection clauses applied to states.

  • 15th Amendment: Voting rights for former male slaves.

Expansion of National Power (Post-Civil War)

  • Growth in regulation of business, social programs, and civil rights following significant historical events.

The New Deal Era**

  • Herbert Hoover believed in local response; FDR initiated federal programs to aid in economic recovery, establishing categorical grants to states.

Cooperative Federalism

  • Shifted to collaboration between levels of government, illustrated by Morton Grodzins' "layer cake" vs. "marble cake" analogy.

Regulated Federalism

  • Federal government set stringent guidelines for state governance.

Rise of New Federalism (1970s)

  • Movement toward devolution of power from federal back to state governments, with Nixon and Reagan advocating for block grants and reduced federal oversight.

Evolving Federal Framework (1789-Present)

  • Periods:

    • Dual Federalism (1789-1937)

    • Cooperative Federalism (1937-1970s)

    • Regulated Federalism (1970s-2000)

    • New Federalism (2000-Present)

Contemporary Federalism Since 2000

  • Ongoing evolution of the balance of power; complexities of liberal vs. conservative interests in federal versus state control.

Critiques of Federalism

  • Balancing local needs with national standards; debates around states’ rights versus national authority.

  • States as more democratic and responsive, versus the need for uniform rights across the nation for minority protection.