Federalism: Forging a Nation

Chapter 3

Federalism: National and

State Sovereignty

The Argument for Federalism Authority divided into two levels: national and regional – each directly

governs the people and derives its authority from them

Protects liberty – checks and balances

Moderates the power of the national government – large republic is less

likely to have all powerful factions

Strengthens the union – overcome the problems of the Articles of

Confederation

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Federalism: National and

State Sovereignty

The Powers of the Nation

Enumerated (expressed) powers

17 powers secure defense & stable commerce

Article VI - Supremacy clause

Implied powers

“Necessary and proper clause

Elastic clause - the authority to take action that is not

expressly authorized by the Constitution but that

supports actions that are expressly authorized

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Federalism: National and

State Sovereignty

The Powers of the States

Oversight of local matters: public education and

safety

The national government would take responsibility

for a strong defense and sound economy while the

states would retain nearly all other functions

Tenth Amendment: reserved powers

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Federalism as a Governing

System: Examples of National,

State, and Concurrent Powers

Figure 3-1

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Federalism in Historical Perspective

Two levels of authority would be sure to conflict

from time to time

Framers provided vagueness in the Constitution so

that flexibility would be sought between the two

levels

An indestructible union (1789-1865) The nationalist view: McCulloch v. Maryland (1819)

The states’-rights view: the Dred Scott Decision (1857)

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Federalism in Historical Perspective

Dual federalism and laissez-faire capitalism

(1865-1937) Dual federalism: separation of national from state power was possible

and desirable

Who would regulate business? Would the federal government be

allowed to intervene to ensure fair treatment of African Americans?

This era was characterized by state supremacy in racial policy and

business supremacy in commerce policy

The Fourteenth Amendment and state discretion

Plessy v. Ferguson

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DUAL FEDERALISM

Judicial protection of business: Supreme Court limited national power

Laissez – faire capitalism

Corporations were persons

Courts narrowly interpreted the national government’s commerce

power

National authority prevails starting in 1937

Court packing by Roosevelt

The court who had originally ruled much of the New Deal

unconstitutional now had a majority of Democrats

The court granted Congress the authority to broadly apply its

commerce powers

Brown v. BOE – national citizenship

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Federalism Today

1930s and on have shown a continued expansion of national

authority

Great Society programs

The ability to tax without being hurt population wise

Interdependency and intergovernmental relations

Cooperative federalism: shared policy responsibilities

National, state, and local levels work together

Joint funding, administration, and determination of

programs

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Federalism Today

Government revenues and

intergovernmental relations

Fiscal federalism: federal funds used for state programs

Grants–in–aid (cash payments)

If states accept the money they must spend it in the way

specified by congress

Categorical and block grants

Federal funds restricted to certain state programs

Federal funds for state programs addressed to a general

concern

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Federalism Today

Devolution Shift of power from national government to states

New federalism

The Republican Revolution – reduce unfunded mandates, increase

block grants

Welfare Reform Act of 1996

Devolution, judicial style

United States v. Lopez

11th amendment

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The Public’s Influence

Setting the boundaries of federal-state power Roosevelt’s “New Deal” jobs during the Great

Depression

Lyndon Johnson’s “Great Society” increased social

services in 1960s

Republican Revolution rolled back federal authority in

1990s

Framers felt that Americans would shift their loyalties

between the nation and the states according to their needs at

that time

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