Federalism
Chapter 3
American Government
Mr. Best
Federalism
• Federalism- is a way of organizing a nation so that two or more levels
of government have formal authority over the same area and people.
– National and state levels act on the people through their own officials and
laws
– This lecture will focus on the different powers of each level of the United
States government.
Federalism
• Bowers v. Hardwick 1988 – State Laws concerning consenting adults.
• South Dakota v. Dole
Debating Key Issues
• Should Congress set a national drinking age?
– South Dakota v. Elizabeth H. Dole
Arguments
• Elizabeth Dole
– Congress did not overstep its bounds
• The measure was meant to provide for and advance the general public welfare.
– Statute is closely related to safe interstate travel
• Which falls under jurisdiction of Department of Transportation.
– Amount of funds withheld from the states was small
• States could forgo the funding and keep the drinking age.
Arguments
• South Dakota
– Congress infringed on the sovereign rights of the states
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– The Act violates the 21 Amendment
• Amendment gives states the control over drinking ages.
– Withholding highway funds to influence states is federal blackmail.
Decisions
• The Supreme Court decided in favor of the National Government.
– The court said that the federal government was “entitled” to attach “strings”
to federal aid.
Division of Power
• Supremacy Clause
– The Constitution
– Federal Laws
– Treaties
• McCulloch v. Maryland
Delegated Powers
• The National Gov’t has specific delegated powers.
– There are three types of Delegated Powers
• Expressed
• Implied
• Inherent
Expressed Powers
• Expressed powers
– Powers that are expressly spelled out to the national government in the
Constitution.
• Constitution gives Congress 27 expressed powers
– Art I, sect. 8
– Levy taxes, coin money, regulate patents and copyrights, establish federal courts and post offices,
establish standards of weights and measures, admit new states to the Union.
Implied Powers
• Implied powers are those not expressly stated in the Constitution but
are implied by those powers that are.
– The necessary and proper clause (Elastic Clause)
• Art. I, sect. 8, clause 18
– Gibbons v. Ogden 1824
Inherent Powers
• Powers that sovereign national governments in the world community
have historically possessed.
– Not expressly given by the Constitution
• Regulate immigration
• Deport aliens
• Acquire territory
• Protect against rebellion
What are some powers denied to the national gov’t?
Reserved powers
• These are powers reserved by the states in the federal system.
– require doctors, lawyers plumbers to have a state license to practice.
– Regulate intrastate commerce, conduct elections, incorporate business, establish local
governments, provide for public safety and morals.
What are some powers denied to state governments?
Exclusive and Concurrent Powers
• Concurrent Powers are those that both State and National governments share.
– Lay and Collect taxes, borrow money, establish courts, borrow money, define crimes, and
set punishments
• Exclusive powers are those that can only be exercised by the National
government.
– Regulating interstate trade or creating treaties.
Advantages of Federalism
• Many diverse policies from different governments
– Diverse policies are needed to accommodate a diverse population.
– Results in a healthy dispersal of power.
Disadvantages of Federalism
• Dispersal of power can allow groups to protect their interests by
ignoring national mandates.
• Poor regions are unable to provide the same services as wealthy ones.
Picket Fence Federalism
Summary
• Why is the federal system so important in America?
Summary
• Decentralization of politics
– More opportunities for political involvement
– More points of access to government
– More opportunities for interests to demand public policy satisfaction
– Fewer sources of conflict at the national level
Summary
• Do you think that the Federalist system is still a viable system?
• How does the federal system effect you?