Federalism and Government Powers
Unit 1 Chapter 4: Federalism
Types of Powers
Expressed Powers (Enumerated Powers)
Clearly stated powers in the Constitution.
Example: The ability for Congress to lay and collect taxes.
Implied Powers
Powers strongly suggested by the expressed powers in the Constitution.
Key Indicator: Article 1, Section 8 provides Congress with the “necessary and proper power.”
This clause is also known as the elastic clause because it can stretch to cover many situations.
Inherent Powers
Powers not explicitly stated or implied by the Constitution but developed over time to maintain national sovereignty.
Examples of Inherent Powers:
The right to regulate immigration.
The right to acquire territory.
The right to grant diplomatic recognition of other states.
Powers Denied to Federal Government
The Constitution expressly denies certain powers to the federal government, especially relating to the Bill of Rights.
The silence of the Constitution on certain powers means they are neither expressed, implied, nor inherent.
The federal government cannot expand powers beyond these three types.
Denied powers due to the federal system include those detrimental to the federal system.
Powers of the States
Like the national government, states have both powers granted to them and denied.
10th Amendment: Reserved Powers
Any powers not denied to the national government and not explicitly denied to the states are considered state powers.
State Powers
Examples of powers denied to states include:
Coining money.
Exclusive Powers
Powers that are solely held by the national government, with states unable to exercise them.
Examples:
Treaties with foreign governments.
Coining money.
Concurrent Powers
Powers that are shared by both national and state governments.
Examples:
Defining crimes.
Condemning private property for public use.
Laws of the Land
Supremacy Clause
Defines that national government laws take precedence over state laws.
The national government and Constitution are considered the “laws of the land.”
The Supremacy Clause is enforced by the Supreme Court, which interprets laws and settles conflicts in the federal system.
Responsibilities of the National Government
The national government's duty includes protecting states and all territories acquired.
Congress is the only entity that has the power to admit new states into the Union, accomplished through an enabling act.
The enabling act is a document drafted by Congress to transition a territory to statehood. After both chambers pass the enabling act, it is signed as an act of admission, thus creating a new state.
Federalism Models
Dual Federalism
A political arrangement where power is divided between state and national governments, with states exercising those powers without national government interference.
Historically similar to the U.S. South before the 1930’s.
Cooperative Federalism
An evolving concept where national and state governments share policymaking and cooperate in problem-solving.
Emerged during the New Deal period, necessitating collaboration between national and state governments.
Expanded during the Johnson administration, emphasizing Great Society legislation.
New Federalism/Devolution
During the Reagan administration and the two Bush administrations, policies involving deregulation were enacted, placing many federal programs back into individual states.
Fiscal Federalism
The process by which the federal government appropriates money to states for various reasons, allowing it to influence state actions or enforce laws.
Types of Federal Aid Grants:
Categorical Grants: Specific purposes with strings attached.
Block Grants: Broader purposes with fewer conditions.
Project Grants: Competitive among states meeting federal guidelines.
Formula Grants: Based on a particular formula reflecting states' needs.
Revenue Sharing: The least restrictive; based on a refund of federal tax money.
Mandates (Funded/Unfunded)
Federal regulations that states must comply with, whether or not funding is provided.
Interstate Relations
Interstate Compact
Agreements made between states, requiring Congressional approval, to settle disputes.
Example: Port Authority of New Jersey and New York; regulates and manages harbor facilities bordering both states.
Full Faith and Credit Clause (Article 4, Section 1)
Requires that each state respect the public acts, judicial proceedings, and records of other states.
Exceptions:
Marriage and divorce; states may not recognize marriages unless documented federally.
Extradition processes.
Privileges and Immunities Clause
No state may unreasonably discriminate against residents of another state.
Example: States cannot prevent out-of-state residents from owning property or impose out-of-state sales taxes.
Does not apply to out-of-state tuition and professional licensing.
Court Cases and Legal Principles
Bond v. United States
Constitutional Provision: Necessary and Proper Clause.
The facts of this case led to a different ruling than in McCulloch v. Maryland.
Impact of the Controlled Substances Act:
Even if marijuana is legal at the state level, it remains a federal violation.
Tension Between National and State Governments:
Differences in policies lead to disputes, but the federal government’s supremacy allows it to override state laws regarding recreational use.
Education Spending Examples
Most Common Educational Spending (Southeast USA):
Ranges between dollars per pupil.
Public Education Spending Comparisons:
Northeastern states generally spend more per pupil than many southern states, which fall into lower spending categories.
Conclusion on Education Spending:
Variations in education spending may indicate higher taxes or prioritization of educational funding in some states over others.
Demonstration of Federalism in Education Spending:
Each state’s control over its education funding illustrates the principle of federalism, with no single uniform level dictated by the national government.
Separation of Powers
Doctrine of Separation of Powers
The dispersion of authority among the branches of government (executive, legislative, judicial) to prevent concentration of power.
Illustration with Myers v. United States:
The Supreme Court’s decision exemplifies how this doctrine operates.
Goal of Separation of Powers:
To safeguard the populace from autocracy by ensuring no single branch holds excessive power.
Constitutional Framework
Article 1: Powers of the federal government and legislation.
Article 2: Executive powers.
Article 3: Judicial powers.
Article 4: Interstate relations and immunities.
Article 5: Amendments process; requires approval from of states.
Article 6: Supremacy Clause.
Article 7: Ratification process; needed approval from states.
Key Amendments
First 10 Amendments: Bill of Rights.
Amendment 14: Establishes equal protection and due process clauses which solidify rights and liberties against state infringement.
Federalist Papers
Federalist No. 51: Discusses separation of powers and checks and balances within the government.
Federalist No. 10: Addresses the necessity of controlling factions, acknowledging that they cannot be eliminated, but their excesses should be curbed.
Notable Jurisprudence
John Marshall's Key Cases:
Marbury v. Madison: Establishes the principle of judicial review.
McCulloch v. Maryland: Highlights the supremacy of federal government and its implied powers.