Chapter Three: Federalism

Issue starting with Articles of Confederation Founders wanted a representative national

government and states as governing bodies

Nation vs. State Rights

Federalism: the division of sovereignty, or ultimate governance, between a national government and a regional government

A part of the system of checks and balances Another issue of debate during the

constitutional convention

Federalism

States' rights refers to the idea that U.S. states possess certain rights & political powers in relation to the federal government.

A commonly cited source for states' rights is the 10th Amendment to the Constitution, which is part of the Bill of Rights

State’s Rights

The states' rights concept is usually used

1) to defend a state law that the federal government seeks to override

2) to oppose a perceived violation by the federal government of the bounds of federal authority.

State’s Rights

The U.S. Constitution establishes a government based on "federalism," or the sharing of power between the national, and state (and local) governments.

U.S. Constitution

Our power-sharing form of government is the opposite of "centralized" governments, such as those in England and France, under which national government maintains total power.

U.S. Constitution

Enumerated powers: those specifically expressed in the Constitution

Enumerated Powers

Implied powers: the authority to take action not expressly authorizes or written in the constitution

Founders left Constitution vague in some areas on purpose so there would be room for interpretation.

Implied Powers

Under the Constitution, powers reserved to the national government include:

Print money (bills and coins)

Declare war

Establish an army and navy

Exclusive Powers of the National Government

Enter into treaties with foreign governments

Regulate commerce between states and international trade

Exclusive Powers of the National Government

Establish post offices and issue postage

Make laws necessary to enforce the Constitution

Exclusive Powers of the National Government

Powers reserved to state governments include:

Establish local governments

Issue licenses (driver, hunting, marriage, etc.)

Exclusive Powers of State Governments

Regulate intrastate (within the state) commerce

Conduct elections

Ratify amendments to the U.S.

Exclusive Powers of State Governments

Reserved powers are the powers of the state. “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the states.”

Powers of the State

Early 1800s 4th Chief Justice of the Supreme Court, John

Marshall, established the Supremacy Clause Marshall asserted that the laws adopted by

the federal government, when exercising its Constitutional powers, are generally paramount over any conflicting laws adopted by state governments.

McCulloch v. Maryland

State Constitutions

Each of the 50 states has its own constitution

http://access.wa.gov

State Constitutions

All provisions of state constitutions must comply with the U.S. Constitution

For example, a state constitution cannot deny accused criminals the right to a trial by jury, as assured by the U.S. Constitution's 6th Amendment

State Constitutions

Trend 1: expansion of national authority which started with President Roosevelt in the 1930’s (ex. Social security)

Federalism Today

Trend 2: Devolution—passing down of authority from the national government to state governments (ex. Welfare reform under President Clinton)

Federalism Today

Can sway policy Example: During depression, states wanted

more national government interaction

The Public’s Influence

Example: In 1990’s the public wanted less national involvement and welfare reform occurred

Boundaries between roles of state and national governments can change

The Public

Exists a division of authority between national and state governments

Constitution both helped define national government and protect state governance

Trends exist and can influence power

Summary