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1
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- Top of the political agenda
- Since the New Deal-there has been a shift of power from the states to
the national government
- Issues of federalism are found today in Canada (Quebec), former Soviet
Union, the United Kingdom
- Supreme Court’s recent record on federalism has been “mixed”
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2
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- Both levels derive powers from the constitution
- Marble Cake Federalism- Refers to a type of federalism in which all
levels of government are involved in a variety of issues and programs
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3
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- Unitary Systems (centralized powers)
- Confederate Systems (an alliance of sovereign nations)
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4
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- Federalism checks the growth of tyranny.
- Federalism allows unity without uniformity.
- Federalism encourages experimentation.
- Federalism keeps government closer to the people.
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5
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- The national government has only those powers delegated to it by the
Constitution.
- The national government is supreme.
- The state governments have residual powers; meaning those neither assigned to the
national government nor denied to the states.
- Some powers are specifically denied to both the national government and
the state governments.
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6
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- National Supremacy (Article 6)
- War Powers (Article 1 and 2)
- The power to regulate interstate and foreign commerce (Article 1,
Section 8, Clause 3)
- The power to tax and spend (Article 1, Section 8, Clause 1)
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7
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- Making treaties with foreign governments.
- Authorizing private persons to prey on the shipping and commerce of
other nations.
- Coining money, issuing bills of credit, or making anything but gold and
silver coin legal tender in payment of debts.
- Without Congressional consent:
- Taxing imports or exports.
- Taxing foreign ships.
- Keeping troops or ships in time of peace.
- Engaging in war.
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8
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- Full faith and credit-Article IV, Section 1 requires state courts to
enforce the civil judgments of the courts of other states/accept their
public records and acts as valid. It does not require states to enforce
the criminal laws of other states (same-sex couples)
- Interstate privileges and immunities-Section 2 States must extend to
citizens of other states the same…
- Extradition
- Interstate compacts( crime control, water rights, environmental
protections)
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9
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- McCulloch v. Maryland (1819) addressed the issue of division of power
between the state and national government
- Marshall-national supremacy
- Federal courts and the role of the states
- Actions by state/local can be challenged before a federal judge,
preemption-federal laws take precedence, Court has generally favored
powers of federal government over the states
- centralists versus decentralists
- Decentralist position-Reagan-10th Amendment
- Centralist position- Marshall, T. Roosevelt, Lincoln
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10
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- To supply state and local governments with revenue.
- To establish minimum national standards for such things as highways and
clean air.
- To equalize resources among the states.
- To attack national problems yet minimize the growth of federal agencies.
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11
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- Categorical-formula grants specific purposes( school lunches, building
airports)
- Block grants general purposes-welfare, child care, social services,
preventive health, health services
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12
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- Reasons for the shift in power
- Urbanization
- Industrialization
- Growth of the national economy
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Notes
