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Study GuideAmerican Government–Federalism1.Concepts of FederalismFederalism is a system of government where power is shared between a national (or federal)government and smaller government units, like states. This is different from:•Unitary government:where one central authority holds most or all of the power.•Confederation:where the states or regions hold most of the power.In the U.S., federalism means that people are governed by several layers at once. For example, anindividual may pay:•Federal income taxto the national government•State and city taxesto their state or city•Property taxesto their county, which help fund schools, roads, and law enforcementOver the 20th century, the federal government gained more power through laws and court decisions.Today, debates continue over whether more power should go back to the states, but arguments aboutthe balance of power between federal and state governments have been ongoing since the countrywas founded.1.1The ConsƟtuƟonal FrameworkThe U.S. Constitution creates a federal system, but it doesn’t explicitly define “federalism.” Theframers wanted astrong national governmentto fix problems under the Articles of Confederation,which gave too much power to the states.Here’s how the Constitution balances power:•Federal government powers:Congress can make laws that are “necessary and proper” andpromote the “general welfare.” These broad clauses have allowed the federal government toexpand its authority over time.•State powers:Originally limited, mostly to voter qualifications and running elections. TheTenth Amendmentclarified that any powers not given to the federal government or denied tothe states belong to the states or the people.

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Study GuideBecause the Constitution’s language is vague in places, federal and state governments often interpretit differently, leading to various ideas about federalism.1.2Dual FederalismDual federalismis often described as a “layer cake” because each level of government has distinctresponsibilities.•Origins:The Constitution reflected this approach. Even supporters of a strong federalgovernment wanted clear limits on its powers, leaving the rest to the states.•Dual sovereignty:Each level of government is supreme in its own “sphere.”•States’ rights:Some argue that if the federal government steps into state powers, it violatesthe Tenth Amendment. Historically, this view was popular in the South to limit federalinterference in race-related laws.Challenges:It can be hard to decide where federal power ends and state power begins. Before theCivil War, some claimed states could secede or nullify federal laws—but those ideas are no longervalid. Today, theSupreme Courtresolves disputes, and it usually favors federal authority over stateclaims.1.3CooperaƟve FederalismCooperative federalismcame about during the New Deal, when the federal government gainedmore power to respond to the Great Depression. Unlike dual federalism, it seesfederal and stateresponsibilities as overlapping, like a “marble cake.”•Examples of overlap:oDrug enforcement involves federal, state, and local authorities.oFederal funds may support education, but state and local boards set teacherqualifications and curriculum.•Elastic interpretation:Cooperative federalism takes a flexible view of federal power,allowing Washington and the states to work together on shared problems.Overall, cooperative federalism better reflects how the U.S. system has actually operated for much ofhistory.

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Study Guide2. Federal-State RelaƟonsFederalism isn’t fixed—it changes over time. The balance of power between the federal governmentand the states has been shaped bythe courts, Congress, and funding policies. Let’s explore eachof these in detail.2.1The Role of the CourtsThe courts often step in to decide who has power—the states or the federal government.•Early Supreme Court decisions:Chief Justice John Marshall favored a strong nationalgovernment. InGibbons v. Ogden (1824), he interpreted the commerce clause broadly,saying Congress could regulate interstate commerce “to its utmost extent.” This interpretationhas allowed the federal government to enforce civil rights laws and regulate wages, workingconditions, and other areas that might seem unrelated to federal authority.•Limits on states:Marshall also believed that the Bill of Rights did not restrict the states, onlythe federal government.•19th century to 1930s:The Supreme Court often restricted federal power to protect states.However, during President Franklin Roosevelt’s time, the Court shifted toward strongerfederal authority.•Civil rights and liberties:Using theFourteenth Amendment’s due process and equalprotection clauses, federal courts set national standards that states must follow. Thisincludes voting rights protections under theFifteenth and Twenty-fourth Amendments.Courts also influence how states draw congressional, legislative, and school board districtboundaries.•Recent limits on federal power:Some Supreme Court cases have reinforced stateauthority. For example:oUnited States v. Lopez (1995):Congress could not ban guns near schools under thecommerce clause.oGonzales v. Oregon (2006):Oregon’s “death with dignity” law for the terminally illwas allowed, even though it conflicted with federal law.2.2The Role of CongressCongress can influence states bothdirectly and indirectly.

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