Federal

Upper LevelGovernmentUpper LevelGovernment

Lower LevelGovernmentLower LevelGovernment

Lower LevelGovernmentLower LevelGovernment

Upper LevelGovernmentUpper LevelGovernment

Unitary Confederal

Authority

Authority

UNITARY - CONFEDERAL - FEDERAL FORMS GOVERNMENT *

Upper LevelGovernmentUpper LevelGovernment

Lower LevelGovernmentLower LevelGovernment

Authority

CitizensCitizens CitizensCitizens CitizensCitizens

AuthorityAuthority

Authority

?

The Supremacy Clause

Article VI, Section 2: "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 land; and the judges in every state shall be bound thereby, any thing in the Constitution or laws of any state to the contrary notwithstanding." Return

The “necessary and proper” clause

Article I, Section 8: “[Congress shall have 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.”Return

Amendment X

“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.” Return

Logical problem: Implied Powers vs. Reserved Powers

All possible Governmental Power, at every level of government

Enumerated Powers of the national government

Enumerated Powers of the national government

Enumerated Powers of the national government

Reserved Powers of the States Amendment X

Implied powers of the national government, from the “necessary and proper” clause

Friction!!

Return

McCulloch v. Maryland

• “Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consistent with the letter and spirit of the Constitution, are constitutional.” Return

The Interstate Commerce Clause

• Article I, Section 8: “The Congress shall have the power to regulate commerce with foreign Nations, and among the several States, and with the Indian Tribes.”

Return

STATES’ RIGHTS DOCTRINE *

National GovernmentNational

Government

CitizensCitizens

State Government

State Government

“Interposition”

“Nullification”

14th AMENDMENT *

(Ratified in 1868)

Section 1. … No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States…

(emphasis added)

National GovernmentNational Government

State GovernmentState Government

No Interactions Between Layers

LAYER CAKE FEDERALISM *

National GovernmentNational Government

State GovernmentState Government

Multiple Interactions

MARBLE CAKE FEDERALISM *

Ye a r o f Ai d

19951990198019701960195019401932192219131902

Fe

de

ral

Aid

as

% o

f S

tate

/Lo

ca

l S

pe

nd

ing

30

20

10

0

Federal Aid to States and Localities *

PICKET FENCE FEDERALISM*

Percent of Governmental Spending by Level of Government 1927-1943

Return

0

10

20

30

40

50

60

1927 1929 1931 1933 1935 1937 1939 1941 1943

Federal

State

Local

Growth in Federal Spending—Fiscal Federalism Return

Federal $ as a % of State and Local Budget

0

5

10

15

20

25

30

35

1902 1913 1922 1932 1940 1950 1960 1970 1980 1990 2000 2002

“New Deal” Spending

“Great Society” Spending

Growth in Federal Spending 2—Devolution Return

Federal $ as a % of State and Local Budget

0

5

10

15

20

25

30

35

1902 1913 1922 1932 1940 1950 1960 1970 1980 1990 2000 2002

“New Deal” Spending

“Great Society” Spending

Period of “Devolution”