Federalism

The Basics

• Basic Definition: a system of govt. in which a written constitution divides the sovereignty/powers of govt. on a territorial basis between a central/national govt. and several state govts. Each level has its own substantial set of powers

(each level is sovereign in certain areas). Neither level, acting alone, can change the basic

division of powers specified by the constitution.• In the U.S., federalism is guaranteed by the 10th

Amendment: “The powers not delegated to the United States [i.e., the national govt.] by the Constitution, nor prohibited by it to the States, are reserved to the States respectively...”

+/- of Federalism

• Positives of Federalism: Allows for local action in matters of local concern (e.g.,

schools), and natl. action in matters of natl. concern (e.g., natl. defense, foreign affairs, natural disasters).

“States as laboratories:” states can experiment with various policy proposals. If a policy is successful, the natl. govt. can adopt it; if not, then the entire nation doesn’t have to suffer.

• Negatives of Federalism: It’s messy: sometimes the realms of natl. and state

power aren’t clear (leads to overlap, ambiguity, etc.). Some states and localities have a history of treating

their citizens unfairly (think slavery...).

Powers of the Natl. Govt.

• Powers of the natl. govt. are delegated to it by the people in the Constitution. There are 2 types: Expressed/Enumerated Powers: 27 of them, such as

collecting taxes, declaring war, coining money, regulating foreign and interstate commerce, etc.

Implied Powers: powers “implied” from the expressed powers, such as the power to establish minimum wages, create a national banking system, etc. “Necessary and Proper Clause” of the Constitution:

Congress has the power “to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”

Powers of the State Govts.

• If the Constitution doesn’t delegate a power to the natl. govt., then it is reserved to the states: Examples: education systems, marriage/divorce

laws, establishment of local units of govt., the granting of professional/business licenses, the regulation of alcohol, etc.

By far, most of your interactions with “the govt.” involve the state govt.

• Some powers are concurrent, meaning that both the natl. and state govts. share them: collecting taxes, establishing court systems, defining crimes and setting punishments, etc.

Federal/Natl. Supremacy

• Article 6 of the Constitution: “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the shall be the supreme Law of the LandLand; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the contrary notwithstanding.”

• No law is or can be higher than the Constitution.• Federal/national laws and powers trump state laws and

powers: if there is a conflict between a federal law/power and a state law/power, the federal law/power wins. The Supreme Court is the “umpire” in federalism disputes.

• “Order of Supremacy:” U.S. Const., federal laws and treaties, state consts., state laws, municipal/local laws.