Federalism (Division of sovereign power between two different levels of…
Division of sovereign power between two different levels of government
Each level needs own set of
Authority to pass laws
Helped promote expansionism by making it easy for new states to get in
Federalism Over Time
Dual Federalism/ Layer Cake Federalism (1789 - 1937)
Early focus on establishing national supremacy (Late 1700s)
Led to counter-push for state rights (early 1800s)
Federal & State governments distinct, provide different services
Limits on Federal power implied
Cooperative Federalism/Marble Cake Federalism (1930s-Today)
National and State Governments working together to provide services
Picket Fence Federalism
Fed: "Ay man im trynna fix education you trynna help me?"
State: "Yee sure man what you need"
Fed: "Aiight man here I'm trynna increase STEM majors by developing programs to help push kids to be interested innem uno"
State: "Yooo man lemme rework my curriculum so we can focus on STEM majors"
Fed & State: "ay we doing big tings"
Fed: "Listen State, Imma give you this money; you gonna do what I want you hear"
Fed: "Im gonna give you some money, go fix your education system"
Fed: "Here this is how youre gonna use the money, now go do it"
Fed: "You do this or I'm murdering your kids"
Congress telling states to accomplish a goal but does not give them funding
Federal Law saying states cannot do things
Competitive Federalism: State's Response
States compete with each other based on their policies
"Michigan: Ay I got a great way of fixing education"
Arkansas: "Naw b my way is better"
Fed: "Aiight pull up lets see what yall can do I'll give the best some moolah"
"Laboratory of Democracy"
Race to the Bottom
Maryland: "Yo man imma cut taxes to promote growth so all these buisnesses come to me"
Virigina: "All my buisnesses are going to MD imma cut my taxes"
Virginia's Advisor: "But how are we gonna fund the parks"
Virginia: "Shut up pamela"
Federalism & The Constitution
Way back during the founding; debate & compromise over balance between national & state govt
Federalists: Supremacy Clause
Anti-Federalist: 10th amendment
Specific References in the Constitution
Congress has power to regulate commerce among states
Intrastate: Commerce inside a state
US vs Lopez (1995)
The Court maintained that Congress could constitutionally regulate three things under the Commerce Clause:
nstrumentalities of commerce
activities that substantially affect interstate commerce.
the use or channels of commerce
First time that the Court went for the state in terms of the Commerce Clause
Interstate: Commerce flowing across state Borders
Gibbons vs Ogden (1824)
Commerce can be regulated by Congress as long as it is not wholly inside one state
Necessary & Proper Clause/Elastic Clause
Congress has power to make laws that are necessary & proper
McCulloch vs Maryland (1819)
Maryland cannot tax a federal bank
Constitution gave Federal Government power to make laws that are necessary and proper
States cannot impede the laws of the federal government
Federal Government has power of the purse
Federalism in Recent Times
Trend Towards Devolution
Supreme Court usually in favor of state rights; but by narrow margin (5-4)
Federal Government getting more say in social issues
US Supreme Court has tended to support limiting state
powers when equal protection (14th Amend) is in question