The Constitution: Federalism

What is Federalism, Exactly?

• A form of government in which power is divided between central and local (state) governments

• United States: between central government and state governments

• Layer cake vs. marble cake federalism

• Layer cake (dual): clear delineation of authority between levels

• powers to states vs. powers to government

• Marble cake: a mixing of authority between levels

• All levels of government share responsibilities

• “The incredible shrinking Tenth Amendment”

The Federal System: National Powers

• The Constitution creates a federal system, dividing power between the national and state governments

• Federalism is a dynamic, not static relationship — it changes constantly

• Three types of federal government powers: expressed, implied, inherent

• Expressed: directly stated in the Constitution; also called “enumerated”

• like printing money

• Implied: powers that emerge from expressed powers

• like judicial review

• Inherent: powers that the government has simply because it is a national government

• like establishing diplomatic relations with other nations

The Federal System: State Powers

• The basis of reserved powers is Amendment 10

• States’ powers are those “not delegated to the United States by the Constitution nor prohibited by it to the States”

• Things like administering elections, establishing local government, public schools

• Supremacy clause: national law is supreme

• No state law may conflict with national law

• Concurrent powers: powers held by both the state and national governments

• like the power to tax

• Denied powers: powers that no level of government may have

• many listed in Article 1, Section 9, as well as Bill of Rights

Why even have federalism? Like, what good does it bring?• Federalism checks the growth of tyranny

• Different parties can remain in power at different levels of government

• Also, different for uniformity of policies across levels of government

• Allows unity without uniformity

• There can be regional differences/solutions to public policy questions

• Encourages experimentation

• States as “laboratories of democracy”

• Provides training for national officials, opportunities for future candidates

• Individuals can work at lower, smaller levels of government before working for central government

• Keeps government close to the people

The Federal System: Interstate Relations (Article IV)

• Full faith and credit: judicial settlements, court awards, civil judgments must be enforced across states

• Privileges and immunities: states must extend privileges and immunities to citizens of other states

• Extradition: states must deliver fugitives to states from which they have fled

• Interstate compacts: states must settle disputes without force

• May take disputes to Supreme Court

• May establish interstate agreements, like the Port Authority of NY and NJ