Federalism & Democracy

"The federal and State governments are in fact but different agents and trustees of the people, constituted with different

powers, and designed for different purposes."

James Madison The Federalist, No.46

What is Federalism?

Defining federalism

Federalism is a system of shared power between two or more governments with authority over the same people and geographical area. Unitary systems of government, by far the most common form around the world, have only one source of power, the central or national government.

Federalism Terms

Enumerated Powers - these are powers that belong to the national government and are set out in Article I, section 8 of the Constitution (such as coining money and conducting foreign relations)

Necessary and proper clause - this gives Congress the power to create legislation that is necessary and proper for it to carry out its enumerated powers

More Terms

Full Faith and Credit Clause: Judicial Decree; all contracts made in one state are binding in all others.

Dual Federalism - The belief that having seperate but equal powerful levels of government. "Layer Cake"

We Didn't Want to be England

Unitary System - A form of government where all local and/or regional governments draw all of their authorities from a centered and strong national government, Great Britain was a unitary government, and the newly free Americans wanted to move away from this system.

Who is more powerful?

Supremacy clause - National law is supreme to all other laws passed by the state.

Concurrent powers - these are the powers of government that are overlapped and shared by the national and state governments. For instance, both states and the federal government have the power to tax.

10th Amendment of the Bill of Rights

Tenth amendment - "Powers not delegated to the U.S Gov. by the Constitution nor prohibited by it to the states, Are reserved to the states respectively, or to the people."

Levels of Government

Some laws that the Federal Government Force on the StatesFederal Highway Funds tied to:

Speed Limit. DUI Level. Drinking Age. Seat Belt Laws. HOV Lanes. Future: Distracted Driver Laws.

Federal Education Funds tied to:

NCLB. Common Core. Race to the Top.

States make Decisions

State tightens eligibility for food stamp program

http://www.thelegalrecord.net/story.asp?story_id=3158