Federalism Notes

==Defining Federalism==

Federalism: Constitutional division of power between the National (federal) government and local government (states, counties, and cities.)

^^Federal Powers^^

Inherent/Exclusive Powers

Powers given to the national government because it is the only representative of the entire nation (i.e. war powers)

Delegated/Expressed Powers

Powers written in the Constitution (i.e. power to regulate trade)

Implied Powers

Powers not exactly written in the Constitution - Based on the Necessary and Proper Clause Article 1 Section 8 Clause 18

Reserved Powers

Powers of the state government / 10th Amendment (i.e. public schools, marriage laws)

Concurrent Powers

Powers shared by both the national and state levels of government (i.e. power to tax)

==Versions of Federalism==

Dual Federalism (Layer Cake Federalism)

Views the Constitution as giving a limited list of powers to the national government, leaving the rest to sovereign states

Cooperative Federalism (Marble Cake Federalism)

Federalism as a cooperative system of intergovernmental relations in delivering goods and services to the people.

“As the colors are mixed in a marble cake, so functions are mixable in the American federal system”

^^The Significance of the 10th Amendment^^

  • Was seen as a reservoir of reserved powers for state governments
  • However, it’s rarely had much significance since McCullough v. Maryland in 1819
McCullough v. Maryland 1819
  • All states made their own banks
  • in the 1800’s the national government decided every state needed a national bank
    • This led to a competitor for the state banks
  • Maryland was upset and retaliated by taxing transactions leading to the national bank being taxed
  • The court upheld the supremacy clause
  • Did Congress have the right to charter a bank?
    • The constitution never explicitly said so but the Supreme Court argued it fell under the Necessary and Proper clause
    • Undercut the 10th Amendment

==Why Divide Authority in the First Place?==

  • The Constitution may have never been ratified if the Framers had pushed for a unitary system
  • Federalism was a compromise, allowing the states to maintain their independence
  • Why?
    • Prevent tyranny
    • Provision for increased participation
    • Used states for experimentation for new polices/programs