Untitled Notes

Federalism is defined as the division of power between governments in one system.

In 1906, Congress passed the Pure Food and Drug Act, which mandated that cannabis products be labeled as addictive.
The Controlled Substances Act (CSA) of 1970 reinforced state laws that prohibited marijuana use.
Currently, some states have legalized the consumption of marijuana, leading to a complex landscape of state versus federal authority regarding regulation.

The dynamics of federalism are similarly exhibited in matters of reproductive rights, indicated by resources like the Reproductive Rights Map.

Federalism: Constitutional division of authority between a central government and regional subgovernments, primarily between the federal government and individual states in the U.S. Cities and counties derive their powers from state governments, which can revoke them.
Unitary System: A central government with complete authority over subordinate governments (e.g., France, Japan).
Confederal System: Power-sharing arrangement where a central government derives authority from individual political units (e.g., European Union).
Federal System: Power-sharing arrangement between a central authority and various political units (e.g., Mexico, Brazil).

Enumerated Powers: Powers specifically defined in the Constitution as belonging solely to the national government (found in Article I, Section 8, and Article II, Section 2). Examples include foreign policy and national defense.
Reserved Powers: Powers not delegated to the federal government per the Tenth Amendment, such as marriage licenses and education.
Concurrent Powers: Powers shared by both federal and state governments like taxation and law enforcement.

Geopolitical Division: Existence of two or more distinct government levels cannot be unilaterally abolished.
Independence: Each government level derives authority from its respective constituents, allowing citizens influence over both levels.
Direct Governance: Each level has governance authority over its citizens, resulting in individuals being governed by at least two governmental authorities (Bednar, 2009).

The failure of the Articles of Confederation highlighted the pitfalls of a system where states held dominant power. Events like Shay's Rebellion demonstrated the federal government's impotence.
Shay's Rebellion: A revolt in Massachusetts (1786-1787) against economic injustices and state policies; underscored the need for a stronger federal government.

Bound by the Constitution, federal authority involves Expressed (enumerated) Powers such as declaring war and coining money, and Implied Powers established through the Elastic Clause, allowing Congress to enact laws to fulfill its enumerated responsibilities (Article I, Section 8).
The Supremacy Clause (Article VI, Clause 2): Establishes that federal law supersedes state law when conflicts arise.

Tenth Amendment: Guarantees constitutional protection for states, asserting that powers not delegated to the federal government are reserved for the states or the people.

Initially, U.S. senators were chosen by state legislatures, thereby empowering state governments. This changed due to the Seventeenth Amendment, which instituted direct election by citizens in 1912.

Various levels of representation exist within federalism: City Mayor, Council Members, County Judge, State Supreme Court, etc.

Article IV of the Constitution outlines state responsibilities toward each other, including:
- Full Faith and Credit Clause: Mandates states recognize public acts, records, and judicial proceedings from other states. (e.g., a California driver’s license must be accepted by Maryland)
- Privileges and Immunities Clause: Ensures states treat out-of-state visitors equally, barring discrimination.

Intergovernmental Competition: States compete for resources, influencing taxation and benefits offered to lure citizens.
Collective Action and Free Riding: States often prioritize their interests, complicating cooperation in federal matters.

Federalism has evolved through different eras:
- Dual Federalism Era (1787-1930s): States held significant authority with the federal government being limited to infrastructure and foreign affairs; characterized by distinct layers of governance.
- Cooperative Federalism (1930s-1960s): Initiated by the Great Depression; federal government took a more active role in social policy, enacting various programs, thus expanding its influence.
- Coercive Federalism: The federal government began using regulations to increase control over public policy, creating incentives that compelled states to comply.

The 14th Amendment acts as a significant federal tool in state affairs by preventing state laws from infringing on federal protections related to life, liberty, and property.

In the 1970s, a shift toward devolution occurred, pushing authority back to states, emphasizing their autonomy.

The dynamic nature of federal-state relations will continue to evolve, adapting to challenges and changes within society and governance systems. Events like 9/11 reshaped perceptions of state capabilities, indicating that these relationships are malleable.