Federalism
1. Federalism vocabulary
Vocabulary word | Simple definition |
|---|---|
Federalism | A system of government where power is shared between the national government and state governments. |
Unitary government | A system where most government power belongs to the national government, and local governments get their power from it. |
Devolution | Transferring power from the national government back to state or local governments. |
Delegated (enumerated) powers | Powers specifically given to the national government by the Constitution. Example: declaring war. |
Reserved powers | Powers kept by the states under the Tenth Amendment. Example: running public schools. |
Concurrent powers | Powers shared by the national and state governments. Example: collecting taxes. |
Implied powers | Powers not directly listed in the Constitution but considered necessary to carry out the listed powers. |
Necessary and Proper Clause | The constitutional clause that allows Congress to make laws needed to carry out its enumerated powers. Also called the Elastic Clause. |
Tenth Amendment | Says powers not given to the national government or prohibited to the states are reserved to the states or the people. |
Commerce Clause | Gives Congress the power to regulate commerce with foreign nations, between states, and with Native American tribes. |
Police powers | State powers to protect public health, safety, and welfare. Examples include traffic laws and public health rules. |
Full Faith and Credit Clause | Requires states to generally recognize the public acts, records, and court judgments of other states. |
Extradition | The process of returning a person accused or convicted of a crime to the state where the crime or legal case is being handled. |
Conditions of aid (“strings”) | Rules the national government attaches to federal funding that states must follow to receive the money. |
Fiscal federalism | How the national government uses money, grants, and funding requirements to influence state policies. |
Grants-in-aid | Money given by the national government to state or local governments for public programs. |
Categorical grants | Federal grants for a very specific purpose, usually with detailed rules. |
Block grants | Federal grants for a broad purpose that give states more flexibility in how to spend the money. |
Mandates | Requirements imposed by the national government on state or local governments. |
Revenue sharing | A policy in which the national government gives money to state and local governments with relatively few restrictions. |
Compact theory | The idea that the Constitution is an agreement among the states, which retain important authority. It is associated with arguments about state sovereignty. |
Nullification | The claim that a state can declare a federal law unconstitutional and refuse to follow it. This is not an accepted general power of states under current constitutional law. |
Whiskey Rebellion | A 1794 protest against a federal tax on whiskey. The national government put down the rebellion, showing it could enforce federal law. |
New Federalism | An effort to return more power and responsibility from the national government to the states. |
Dual federalism | A system in which national and state governments operate mostly in separate areas of responsibility; called “layer-cake federalism.” |
Cooperative federalism | A system in which national and state governments work together on policies and programs; called “marble-cake federalism.” |
Creative federalism | A period when the national government became heavily involved in state and local programs, often through federal funding and detailed requirements. |
Fiscal federalism | The use of federal spending and grants to influence what states do. This overlaps with grants-in-aid and conditions of aid. |
2. The four types of federalism
Type | What it means | Easy way to remember |
|---|---|---|
Dual federalism | National and state governments have mostly separate responsibilities. | Layer cake |
Cooperative federalism | National and state governments work together. | Marble cake |
Creative federalism | The national government becomes deeply involved in state and local programs, often using grants and requirements. | Federal government gets heavily involved |
Fiscal federalism | The national government uses money and grants to influence state policies. | Money creates influence |
3. Types of government powers
Type of power | Who has it? | Examples |
|---|---|---|
Delegated | National government | Declare war, coin money, regulate interstate commerce |
Reserved | State governments | Run elections, issue licenses, establish public schools |
Concurrent | Both national and state governments | Collect taxes, borrow money, create courts |
Memory trick: Delegated = given to the national government; reserved = kept by the states; concurrent = shared by both.
4. Federal funding
Grants-in-aid: Federal money given to state or local governments.
Categorical grants: Money for a specific program with strict rules.
Block grants: Money for a broad purpose with more state flexibility.
Mandates: Rules the federal government requires states to follow.
Conditions of aid: Requirements states must meet to receive federal money.
Revenue sharing: Federal money provided to state and local governments with relatively few restrictions.
Exam tip: States often prefer block grants because they provide more flexibility. The national government can use categorical grants and conditions of aid to influence state decisions.
5. Important Supreme Court cases
McCulloch v. Maryland (1819)
What happened? Maryland tried to tax the national bank.
Decision: The national government could create a national bank using implied powers, and Maryland could not tax it.
Why it matters: Strengthened national power through the Necessary and Proper Clause and the principle that federal law takes priority over conflicting state law.
United States v. Lopez (1995)
What happened? Congress passed a federal law banning guns in school zones.
Decision: The Supreme Court ruled that Congress had exceeded its Commerce Clause authority in passing that law.
Why it matters: Limited federal power and reinforced the idea that states retain authority over certain issues.
6. Other important concepts
Articles of Confederation: The first U.S. national governing document. It created a weak national government and left most power with the states.
Supremacy Clause: The Constitution, valid federal laws, and treaties are the supreme law of the land when they conflict with state law.
Necessary and Proper Clause: Lets Congress use implied powers to carry out its enumerated powers.
Commerce Clause: Often used to justify federal regulation of economic activity, especially interstate commerce.
Tenth Amendment: Supports the principle that states retain powers not given to the national government or prohibited to the states.
Federal mandate: A federal requirement that state or local governments must follow; some mandates may come with funding, while others do not provide enough funding to cover their costs.
Whiskey Rebellion: Demonstrated that the new national government could enforce its laws, unlike the weaker government under the Articles of Confederation.