1.7-1.8+Federalism+(Sp25)

Federalism: Geographic Division of Power

Definition

  • Federalism is a system of government where a written constitution divides powers between a central (national) government and several regional governments (states or provinces).

  • The Constitution outlines a division of powers, assigning specific powers to both the National and State governments.

Purpose of Federalism

  1. Separation of Powers: Federalism complements the existing separation of powers, enhancing checks and balances.

  2. Limited Government: Ensures the powers of the Federal Government are limited without completely eliminating governmental authority over areas like crime and punishment.

Types of Geographic Division

  • Unitary System: All power resides with the central government.

  • Confederal System: The opposite, where power lies primarily with regional governments.

  • Federal System: A hybrid where power is shared between central and regional authorities.

Federalism Around the World

  • Global Examples: Varies in implementation in different countries (e.g., Brazil, Russia, France) demonstrating different degrees of federalism versus unitary systems.

    • Russia has experienced a decrease in regional power, leaning more towards a unitary system despite nominal federal structures.

    • France operates as a unitary state—central authority controls 'states' known as departments, contrary to its labeled federal structure.

Division of Powers Under U.S. Federalism

Categories of Powers

  • Delegated Powers: Specifically assigned to the National Government.

  • Reserved Powers: Powers held by the States.

  • Concurrent Powers: Powers shared by both National and State governments.

Examples of Powers

  • National Powers: Coin money, regulate trade, declare war.

  • State Powers: Establish local governments, conduct elections, regulate internal affairs.

Enumerated and Implied Powers

  • Enumerated Powers: Explicitly listed in the Constitution (e.g., Article 1).

  • Implied Powers: Not directly stated but inferred, originating from the Necessary and Proper Clause (Article 1, Section 8).

    • This clause allows Congress to exercise powers necessary to implement its enumerated powers.

The Commerce Power

  • The power to regulate interstate and foreign trade is granted under the Commerce Clause.

  • This is a broad power, enabling Congress to create many significant laws related to commerce.

Powers Denied to the National Government

  • The Constitution restricts certain powers (e.g., levying duties on exports, bills of attainder).

  • The 10th Amendment emphasizes the limitations of federal power—only powers explicitly stated in the Constitution or inherently obvious implied powers can be exercised.

14th Amendment

  • Extends protections of the Bill of Rights against state infringement and enforces due process and equal protection under the law.

  • Established the principle of Incorporation, applying federal rights onto the states.

Local Governments

  • Local governments are created by states and their powers are defined by state legislatures.

  • There are numerous levels of local governance in the U.S. (e.g., counties, cities).

The National Government and the States

Supremacy Clause

  • Article VI, Section 2 establishes the Constitution as the supreme law of the land, binding all states to comply.

States' Duties to Each Other

  • Full Faith and Credit Clause: Ensures states respect the judicial acts and records of other states, with exceptions for certain legal matters (criminal laws, professional licenses, marriages).

Recent Developments in Child Marriage Laws

  • Trends and laws around child marriage showcase evolving state powers and rights.

  • As of 2024, laws across states vary significantly, reflecting state autonomy under federalism.

Conclusion

  • Ongoing discussion surrounding federalism's practical applications is essential for understanding the dynamic relationship between state and national governments.

  • Attention to reading materials (pages 56-81) is crucial as they are subject to assessment in the next quiz.