Federalism

Federalism

• A political system in which there are local units of government, as well as a national government, that can make final decisions with respect to at least some governmental activities. (pg. 50)

So who makes the final decision

State or

local authority

Central

Governmen

t

Who has the power (state vs. national government)

• The relationship between the national and state governments has been a source of conflict since conception.

• From the Articles of Confederation through slavery.

• This relationship “is the cardinal question of our constitutional system” –Woodrow Wilson

What determines this relationship?

The Government Structure

Unitary Federal Confederal

Three primary lines of power exist within government structure. Each structure reflects how power is distributed between national and local governments, and how it is enacted upon citizens.

These lines of power are:1. Unitary 2. Federal3. Confederal

Unitary System

Central Government

Citizens

State or Local

Government

One in which sovereignty is wholly in the hands of the national government, so that the states or local governments are dependent on its (national) will.

For example, welfare, highways, education, the police, and the use of land are all directed by the national government in a unitary system.

Countries which have a unitary system include France, Great Britain, Italy, and Sweden

Federal System

State or Local

Government

Citizens

Central Government

Sovereignty is shared, so that in some matters the national government is supreme and in other matters the states are supreme.

Examples include Canada, Australia, India, Germany and……

Confederal System

State or Local

Government

CitizensCentral Government

States are sovereign and the national government is allowed to do only that which the states permit.

Consider two historical examples:Ancient GreeceArticles of Confederation

What else determines “the” relationship

(federalism)History • Goal of founders:

federalism one device whereby personal liberty was to be protected.

• A process of elimanation?

• Tyranny of King; dependence upon the states

The Constitution & Court

• What does the document say?

• Federalism through precedent & interpretation.

Relating to federalism

• Necessary & Proper Clause– Section of the Constitution allowing Congress to pass

all laws “necessary and proper” to its duties, and which has permitted Congress to exercise powers not specifically given to it by constitution

• Nullification– Doctrine that a state can declare null and void a

federal law that, in the state’s opinion, violates the Constitution

• Dual Federalism– Doctrine holding that the national government is

supreme in its sphere, the states are supreme in theirs, and the two should be kept separate