Federalism and Systems of Government

Federalism

Three Systems of Government

  • Unitary System: Authority is centralized in the national government; local governments are given power by the central authority which retains significant control over resources.
  • Confederal System: A league of independent states, each with sovereign power, where the central government has limited authority. Example: United States under the Articles of Confederation.
  • Federal System: A power-sharing arrangement between national and state governments, each having distinct powers that cannot override each other. Examples include Australia, Brazil, Canada, Germany, India, Mexico, and the United States.

Flow of Power in Three Systems of Government

  • Unitary: Central government holds the primary power.
  • Confederal: Power is retained by local or regional governments.
  • Federal: Power is shared between state and central governments.

Number of Governments in the United States Today

  • Total: ~87,900
    • Federal Government: 1
    • State Governments: 50
    • Local Governments: 87,849, including:
    • Counties: 3,034
    • Municipalities: 19,431
    • Townships: 16,506
    • Special Districts: 35,356
    • School Districts: 13,522

Why Federalism?

  • Balances a strong central government with robust state governance; essential for a vast nation.
  • Allows states to serve as experiments for new ideas and diverse political cultures.

Arguments Against Federalism

  • State power may block national progress; leads to inequality among states.
  • Concerns about the expansion of national powers at the cost of states' rights.
  • Some states advance more progressive policies than the national government.

The Federal System (Advantages and Disadvantages)

  • Advantages:

    • Diversity and power diffusion, local governance, multiple political participation points, experimentation in policy.
    • Better handling of local issues.

  • Disadvantages:

    • Hinders national unity, potential for local dominance by special interests, economic disparities, unequal law enforcement.

Constitutional Basis for American Federalism

  • No explicit mention of a federal system in the Constitution; instead outlines types of powers.
  • Powers Delegated to National Government:
    • Enumerated Powers: Explicitly granted by the Constitution.
    • Implied Powers: Flexible powers derived from the necessary and proper clause (elastic clause).
    • Inherent Powers: Powers held by the government to function without being enumerated (e.g., treaties, war).

Powers of State Governments

  • Reserved powers include all powers not designated to the national government per the Tenth Amendment.
  • Police Power: Authority to legislate for the protection of citizens' health, morals, safety, and welfare (includes laws on crimes, marriage, education).

Concurrent Powers

  • Powers held jointly by national and state governments, typically implied rather than explicitly stated. Examples:
    • Taxation, establishing courts, borrowing funds.

Prohibited Powers

  • National government: Cannot tax exports.
  • State governments: Prohibited from conducting foreign policy independently, coining money, and taxing imports/exports.

Supremacy Clause

  • Constitution and federal laws have precedence over conflicting state/local laws; any national conflict favors national law.

Vertical Checks and Balances

  • Federalism helps prevent government overreach through reserved powers that act as checks on the national government; states administer many national programs, providing them influence.

Interstate Relations

  • Constitution addresses state interactions through clauses:
    • Full Faith and Credit.
    • Privileges and Immunities.
    • Interstate Extradition.
    • Interstate Compacts to ensure cooperation and prevent isolationism.

Defining Constitutional Powers - The Early Years

  • McCulloch v. Maryland (1819): Established that states cannot tax national institutions and confirmed implied powers.
  • Gibbons v. Ogden (1824): Upheld Congress's power to regulate interstate commerce, broadening national regulatory authority.

The Civil War and Federal Power Expansion

  • Civil War amendments reshaped federal-state dynamics by abolishing slavery and outlining citizen rights (13th-15th Amendments).

Dual Federalism and the Retreat of National Authority

  • Dual Federalism: Distinct separation of state and federal responsibilities; emerged post-Civil War, asserting both levels of government as co-equal.

The New Deal and Cooperative Federalism

  • New Deal programs marked a shift towards greater cooperation between federal and state governments, often funding state-administered programs.

Implementing Cooperative Federalism

  • Categorical Grants: Federal funds for specific programs.
  • Block Grants: Provide funds for broader purposes with more freedom in usage.
  • Federal Mandates: Regulations states must comply with regardless of funding.