The Constitutional Underpinnings

Unit IB

Federalism: The Relationship, Powers, and Limits of the Federal

and State Governments

What is Federalism?

The Constitution established a federal republic

Division of powers between the national government and the states

Supreme authority rests with the national government, but some powers are reserved to the states

Constitutional Basis of Federalism

National Powers Concurrent Powers Reserved Powers

Regulate interstate and foreign commerce

Levy taxes Regulate intrastate commerce

Coin and print money Borrow money Establish local governments

Provide an army and navy Spend for general welfare Establish public school systems

Declare war Establish courts Administer elections

Establish federal courts Make and enforce laws Protect health and welfare

Conduct foreign relations Charter banks Regulate corporations

Necessary and proper laws Establish and administer licenses

Acquire territories and admit states

Regulate immigration

Know the Types of Powers Delegated/Expressed/Enumerated Powers

– Specifically written/given to national government– I.E. Declare war, coin money

Implied Powers– Powers based on open interpretation– Necessary and Proper Clause (Elastic Clause)– I.E. Bank of the United States

Inherent Powers– Powers granted based on the sovereignty of the government– In order to facilitate a working government– I.E. Preamble

Concurrent Powers– Shared powers between the national government and the states– I.E. Levy taxes

Reserved Powers– Powers limited to the states– I.E. Education, welfare, intrastate commerce, elections

Article IV: Federalism Full Faith and Credit Clause– States must recognize laws of other states

Privileges and Immunities Clause– No discrimination of non-resident citizens– Interstate travel permitted

Interstate Rendition Clause– Extraditions

Interstate Compacts– Commercial or legal relationships between states with

congressional approval– Port Authority between New York and New Jersey

National Government Guarantees to the States

Under Article IV, the federal government must guarantee:– Each state a republican form of

government– Defense from foreign invasion and

domestic violence– Ensure borders

Article VI: National Supremacy Supremacy Clause– The Constitution is the “supreme law of the land”

Fletcher v. Peck (1810)– Constitutionality of state laws

McCulloch v. Maryland (1819)– Bank of the United States constitutional under Necessary

and Proper Clause– Maryland could not tax the Bank

Gibbons v. Ogden (1824)– Expanded Commerce Clause

Included navigation

United States v. Lopez (1995)– Limit on interstate commerce power

Tenth 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.”

Federal Superiority Cases Dartmouth College v. Woodward (1819)– Contract Clause

Cherokee Nation v. Georgia (1831)– Tribal Sovereignty

Worcester v. Georgia (1832)– Tribal Relations

Wabash v. Illinois (1886)– Commerce Clause

Heart of Atlanta Motel v. United States (1964)– Commerce Clause

States’s Rights Casesand Limited Federal Powers

Barron v. Baltimore (1833)– Bill of Rights*

Charles River Bridge v. Warren Bridge (1837)– Contracts Clause

Prigg v. Pennsylvania (1842)– Fugitive Slave Clause

Scott v. Sanford (1857)– Fugitive Slave Clause– Missouri Compromise unconstitutional

Munn v. Illinois (1877)– Granger Laws

United States v. E.C. Knight Co. (1895)– Manufacturing not included in Commerce Clause

Federalism and Laws

Federal Superiority Civil Rights Act (1964) Clean Air Act (1970) American with Disabilities Act

(ADA) (1990) No Child Left Behind Act

(2002)

States’ Rights Unfunded Mandates Reform

Act (1995) Welfare Reform Act of 1996

Federalism: Good and Bad

Best for large nation Avoids concentration of

power Preserved state

sovereignty States are

training/testing grounds Government close to

the people

Limits of the Constitution

Too many governments

Duplication of powers and functions

Conflicts of authority

History and Development of Federalism

Dual Federalism Cooperative Federalism Creative Federalism New Federalism/Competitive

Federalism Fiscal Federalism

Dual Federalism

Form of federalism from 1789-1932 National government and state governments

retain separate powers and jurisdiction AKA layer-cake federalism Sovereignty and limits of national government

and state governments expressly upheld Sharing of powers extremely limited

Cooperative Federalism Form of federalism from 1932-1960s– AKA marble-cake federalism

National government and state governments sharing more powers and cooperating on issues

New Deal programs and laws– Social Security Act– National Labor Relations Board– Federal Deposit and Insurance Corporation (FDIC)– Securities and Exchange Commission (SEC)

Mmm…Cake

Creative Federalism Form of federalism of the 1960s under President

Lyndon Johnson Enhanced form of cooperative federalism National government broadly expanded its power and

influence in states and local governments Great Society programs and laws

– Civil Rights Act of 1964– Voting Rights Act of 1965– Medicare– Medicaid– Economic Opportunity Act– Elementary and Secondary Education Act– Housing and Urban Development Act– Highway Safety Act

New Federalism Form of federalism from 1970s to 2000s– AKA Competitive Federalism– AKA Our Federalism– Nixon, Reagan, W. Bush policies

Devolution– National government reduced its influence– States assumed more responsibility– Block grants for welfare, health, jobs

Fiscal Federalism National government’s form of spending, taxation, grants to influence

states and local governments Grants-In-Aid

– Federal funds and resources provided to states and local governments Categorical Grants

– Federal funds for specific programs and projects– Project grant - competitive application

Research project

– Formula grant - awarded on established formula Medicaid

Block Grants– Federal funds for a broad category– States assume power to appropriate funds in category

Revenue Sharing– Federal tax revenue granted to states/local governments with limited

restrictions on spending Mandates

– Federal requirements applied to states and local governments– Unfunded mandates impose federal requirements at state/local expense