Federalism

POSC 121
Braunwarth
Federalism
What is Federalism?
Power is constitutionally divided between a
central government and regional
governments (states)
Most democracies are Unitarian: central
government has complete power over
constituent units
Why Federalism?
Hamilton:
1. Prevent Tyranny of government by dividing
power between nation and state
2. More opportunities for citizen participation
3. Allows states to experiment with their own
laws
Why Federalism?
Also, only choice framers had
States were not going to give up all of their
power to a central government
States were very different and had different
economies
Is and was a big country
Needed different governments
Evolution of Federalism
Original Idea:
States would do most of what needed to be
done
National government would have certain
enumerated or express powers
Look at Article I, Section 8 of Constitution
States were the most important entity into the
20th century (10
th
amendment)
Make a Three Column Chart
What decisions do you believe your parents
or guardians should make for you?
What decisions should you be able to make
yourself?
What decisions should be made
cooperatively?


Analyze your responses
Did every student in the class have the same
perspective about who should make certain
decisions?
Have you and your parents or guardians ever
had a conflict over who gets to make certain
decisions?
Why is it important that some decisions are
made exclusively by parents or guardians?

Should the States or the
Federal Government or both:
declare and engage in war
conduct elections
print and coin money
govern marriage laws
maintain an army, navy,
and air force
regulate interstate and
foreign commerce
regulate intrastate
commerce
punish lawbreakers
levy and collect taxes
protect the rights of citizens
set traffic standards
admit new states
provide for public safety
borrow money
establish and maintain
schools
negotiate treaties with
foreign countries
protect public health
determine the qualifications
of voters
set up a post office
set rules for immigration
maintain the state militia
(aka the National Guard)
Federalism: National, State,
and Concurrent Powers
How Federalism has Changed
Originally: Dual Federalism
Each level has its own specified powers
Analogous to a Layer Cake
Now: Cooperative Federalism
Shared powers, not separate
More like a Marble Cake
Need a proper balance between Centripetal
and Centrifugal Power (the Goldilocks
Dilemma)

Evolution of Federalism
In 20th Century the scope of national
government expanded dramatically
Why?
National effort required for the World Wars, the
Great Depression, etc.
How has the world changed since 1787?
Technological, Industrial, and Economic Growth
required organization and oversight on a
national level
How did the National
Government Grow?
Different roles clearly spelled out in Constitution
10th amendment reserves most power to the
states
The Civil War was essentially fought over the
relative power of State and Federal
governments
Note the federal power in 13
th
, 14
th
, 15
th

amendments
This remains a contentious topic
How does your Government
Grow?
If we were willing to fight a Civil War over the
balance of power between the state and federal
governments and the Constitution clearly spells out
those powers, HOW has the central government
taken on so much power?
Primarily $ and Constitutional Interpretation
New Federalism: State and Local governments
receive a lot of federal funding
This money comes with strings
He who pays the piper calls the tune
This is why the drinking age is 21 nationwide

Federal Grants to State and
Local Governments
How does your Government
Grow?
Constitution is vague: both express and
implied powers
Interpreted to allow the federal government
implied powers
Article I, Section 8
Necessary and Proper (Elastic) clause
Commerce clause (can you think of any
commerce that is carried out solely within one
state?)
Article VI, Section 1 Supremacy clause
Commerce Clause
Why would we want the Federal government to
regulate commerce?
50 different rules would be inefficient for business
Individual rational actions can lead to a collective
irrational outcome; examples?
Are we even rational to begin with?
Descartes argued reason would lead to enlightenment
but the world is very complex
Regulations can reduce uncertainty and complexity
i.e. Preemptions prohibit states from regulating certain
activities like the ADA
Smokestack Chasing
We live in a mobile society
States are competing for jobs
In order to attract business, how much emphasis
do they place on business regulation, worker
protections, environmental regulations, etc.?
If want certain levels of these things, must do at
the federal level
Otherwise problems can Spill Over from one
state to another
This is why conservatives support states rights
Regulations and the
Tragedy of the Commons
How can regulations be good for business?
Whats the Tragedy of the Commons?
Prevent individual firms from exploiting a
common resource that all firms need
Short-term corporate interests may not be in
the best long-term interest of the firm or the
collective business interests

McCulloch v. Maryland
What were John Marshalls Concerns about
Federalism?
What experiences shaped these concerns?
Does Congress have the power to establish a
national bank?
Look at the Necessary and Proper clause
(Article 1, Section 8)
Does a state tax on a nationally chartered bank
unconstitutionally interfere with federal powers?
Look at the Supremacy Clause (Article VI,
Clause 2)

Recent Changes
The erosion of state authority has turned
around in recent years
The Rehnquist Court has made a number of
decisions giving the states broad sovereign
immunity from federal laws
Limits the ability of individuals to sue state
entities for overtime pay, patent infringement,
or discriminatory practices
In general, Supreme Court decisions have
been inconsistent