Federalism 

Constitutional arrangement whereby power is dist between a central & sub-divisional gov, all of which exercise direct authority over individuals

  • National: powers delegated expressly by Constitution
  • State: powers not delegated nor denied (given by amendment X)
  • Some powers were specifically denied to both; some were granted to both

Expressed/Enumerated powers: The constitution grants the right specifically (Given by Article I)

Implied powers: The constitution indirectly gives power (federal banks)

Inherent powers: Power not specifically given but is needed to keep the country operating (firing PATCO union workers, and replacing them with military personnel for air traffic control

Denied powers:

  • Congress may not suspend habeas corpus (rights to fair trial/imprisonment)
  • Congress may not pass a bill of attainder (cannot make a law targeting a single specific person)
  • Congress may not pass ex post facto laws (cannot punish someone retroactively for doing something previously legal)
  • Cannot tax exports, only imports

State: Reserved (protected) powers

  • Regulate intrastate trade
  • Establish local governments
  • Establish schools
  • Pass state laws
  • Run elections

States: Denied powers:

  • Cannot print money

Concurrent powers:

  • Tax/borrowing
  • Crime & Punishment
  • Establish courts
  • Eminent domain
  • Provide for public welfare

Commerce clause: congress can regulate trade

Elastic clause: necessary & proper

New Federalism/Devolution: giving power back to the states

Fiscal federalism:

  • to supply state & local governments with revenue
  • to establish minimum national standards for such things as highways and clean air
  • to equalize resources among the states
  • to attack national problems yet minimize the growth of federal agencies

Categorical - grants given for specific purposes

  • Formula: uses a mathematical formula to determine the size of the grant given
  • Project: competitive, awarded by application

Block - grants for general purposes like community development or social services

  • Role of regulations
  • Highway funding

Full faith & credit clause - states are required to provide reciprocity toward other states’ public acts, records, and civil judicial proceedings

Extradition - states must turn over a person charged with a crime from another state for trial/imprisonment