American Federalism

Chapter 3

Whose power is it?

• Declare war • Levy taxes • Borrow money• Regulate interstate commerce• Conduct elections• Make laws that are necessary and proper for carrying

out the express powers in the Constitution• Regulate intrastate commerce• Make/enforce laws• Establish courts

Whose power is it?

• Declare war (Delegated/National)

• Levy taxes (Concurrent/Both)

• Borrow money (Concurrent/Both)

• Regulate interstate commerce (Delegated/National)

• Conduct elections (Reserved/States)

Whose power is it?• Make laws that are “necessary and

proper” for carrying out the express powers in the Constitution (Delegated/National)

• Regulate intrastate commerce (Reserved/States)

• Make/enforce laws (Concurrent/Both)

• Establish courts (Concurrent/Both)

• Marriages for same-sex couples are legal and currently performed in Connecticut, Iowa, Massachusetts, New Hampshire, Vermont, and Washington, D.C.

• In NY, RI, and MD, same-sex marriages are recognized, but not performed

• “Full Faith and Credit Clause” in Article VI of the Constitution

The Controversy Over Same-Sex Marriage

Number of Governments in the United States

Defining Federalism

FederalismGovernment authority shared by national and

state governments

“Look, the American people don’t want to be bossed around by federal

bureaucrats. They want to be bossed around by state bureaucrats”

The Federal System

Alternative to Federalism

Alternative to Federalism

Why Federalism?

• Checks + balances

• Disperses power

• Increases participation (govt. closer to the people)

• Ensures policy responsiveness

• Encourages policy innovation

• Improves efficiency

Versions of FederalismDual Federalism

Constitution gives a limited list of powers to the national

government, leaving the rest to states. Each level of govt. is

dominant w/in its own sphere.

Cooperative Federalism

Federalism as a cooperative system of intergovernmental relations in

delivering goods and services to the people

Marble Cake Federalism

Sharing of responsibilities and cooperation b/w levels of govt.

Distinctions b/w levels of govt. are blurred.

Competitive Federalism

Views the levels of government as being in competition to provide

services

Structure of US Federalism• express powers/enumerated

powers/delegated powers – powers the Constitution specifically grants to one of the branches of the national govt.– Ex.) maintain an army, declare war, print money

• implied powers – powers inferred from the express powers that allow Congress to carry out its functions– Ex.) power to create banks– Stems from Necessary + Proper (Elastic) Clause

10th Amendment

• “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the States respectively, or to the people.”

State Powers

• reserved powers – powers reserved only for the states– those powers not specifically granted to the

national government nor denied to the states in the Constitution (10th Amendment)

– Ex.) schools

• concurrent powers – powers that the Constitution gives to both the national and state govts.– Ex.) power to levy taxes

The Constitution and Federalism• Necessary and Proper Clause (elastic clause)-

Congress has the right to make all laws “necessary and proper” to carry out all powers the Const. vests in the natl. govt.

• Supremacy Clause – states that the Constitution, federal laws, and treaties are the supreme law of the land– Some believe that this weakens the 10th Amendment

• commerce clause – clause that gives Congress the power to regulate all business activities that cross state lines or affect other nations– Used greatly to expand the power of the national govt.

Powers of State and National

Government

McCulloch v. Maryland (1819)

• Could Congress charter a national bank?– Yes, even though this power is not explicitly in

the Constitution (Necessary and Proper Clause)

• Could states tax the national bank?– No, because “the power to tax is the power to

destroy” (Supremacy Clause)

• Significance – Established doctrine of implied natl. powers and doctrine of national supremacy– Whenever conflict occurs b/w natl. govt. and state or

local govt., the actions of the federal govt. prevail– States can’t interfere w/ legitimate acts of natl. govt.

McCulloch versus Maryland (1819)

“Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are

not prohibited, but consist with the letter and spirit of the constitution, are constitutional.”

“The power to tax involves the power to destroy…If the right of the States to tax the means employed by the general government be conceded, the declaration

that the constitution, and the laws made in pursuance thereof, shall be the supreme law of the land, is empty and unmeaning declamation.”

Doctrine of Implied National Powers

Doctrine of National Supremacy