Federalism: A system of government where two separate levels of government exist—national and state—in the same geographic area.
Differentiates from other systems: Unitarians (one central government) and Confederal (a loose alliance of independent states).
The U.S. has two distinct governments:
National Government: Controls over all states.
State Governments: Each state has its own government separate from the national government.
Rights may vary from state to state.
States can provide additional rights beyond those defined by the national government.
Federal Government:
Enumerated Powers: Specifically listed powers (e.g., power to create currency).
Implied Powers: Powers not explicitly stated but necessary for federal functions, highlighted by the Necessary and Proper Clause.
State Government:
Delegated Powers: Powers explicitly granted by the Constitution.
Reserved Powers: Powers not given to the federal government are reserved for states (10th Amendment).
Concurrent Powers: Shared powers between federal and state governments (e.g., court systems).
Early favor towards states' rights, especially from 1789 to the early 20th century.
McCulloch v. Maryland (1819): Established that the federal government could use implied powers to carry out its functions, leading to increased federal authority.
Shift towards federal power became prominent after the Great Depression and during the New Deal era.
Federal government provides grants to states, often with conditions attached (strings attached).
Categorical Grants: Highly restrictive, requiring strict adherence to federal guidelines.
Block Grants: Less restrictive, allowing states more flexibility in usage.
Shift from dual federalism to cooperative federalism, indicating a blending of powers rather than strict separation.
Potential new shifts in federalism, especially regarding state challenges to federal authority.
Two layers of government provide more accessible and responsive services to citizens.
States can tailor responses to crises based on local geography and economies.
Encourages policy experimentation at the state level. Successful policies may be adopted by other states or federally.
Complexity due to multiple layers of government, including local governments (e.g., school districts, city governments).
Disparities in state resources, leading to uneven services like Medicaid coverage from state to state.
Evaluating whether the pros outweigh the cons of federalism remains a subjective assessment.