Federalism is a system where power is shared between a national government and state governments.
Characteristics:
Multiple levels of government (national and state)
Each level has its own responsibilities
Constitution protects both levels from being eliminated by the other
Confederate system – States have most of the power, national government is weak (e.g., Articles of Confederation).
Unitary system – National government has all the power, states follow its rules (e.g., France, UK).
Federal system – Power is shared between national and state governments (e.g., the U.S.).
Advantages: Consistency, efficiency, nationwide standards
Disadvantages: Less flexibility for states, can ignore local needs
The Supreme Court interprets the Constitution and decides what the federal government can or cannot do.
Powers explicitly listed in the Constitution for the federal government.
Examples: Printing money, declaring war, regulating trade, maintaining a military
A clause that allows Congress to pass laws needed to carry out its enumerated powers.
Example: The power to regulate commerce led to laws about the internet, which wasn’t around in 1787.
Powers not given to the federal government are reserved for states.
The Constitution doesn’t list all state powers, but examples include education and police powers.
They cannot violate rights (e.g., take property without compensation), pass ex post facto laws, or grant titles of nobility.
States must recognize legal documents and court rulings from other states.
Example: A marriage or driver’s license from one state is valid in another.
States cannot discriminate against citizens from other states.
Example: A state cannot charge higher taxes just because you're from another state.
Biggest expenses: Social Security, Medicare/Medicaid, military, and interest on debt.
Biggest expenses: Education, healthcare, infrastructure (roads, public transit).
Dual Federalism (Layer Cake, 1789–1930s) – Clear division of state and federal powers.
Cooperative Federalism (Marble Cake, 1930s–1960s) – Federal and state governments worked together (e.g., New Deal).
New Federalism (1960s–present) – More power returned to states (e.g., block grants).
Categorical grants – Given for specific purposes (e.g., education, roads).
Block grants – Given for broader purposes with more state control.
Rules that states must follow but with no federal funding.
The federal government uses penalties or funding cuts to enforce them.
Example: The Americans with Disabilities Act required wheelchair ramps but didn’t provide money to build them.