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American Government - Federalism

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    Study Guide American Government – Federalism 1. Concepts of Federalism Federalism 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, an individual may pay: • Federal income tax to the national government • State and city taxes to their state or city • Property taxes to their county, which help fund schools, roads, and law enforcement Over 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 about the balance of power between federal and state governments h ave been ongoing since the country was founded. 1.1 The Cons Ɵ tu Ɵ onal Framework The U.S. Constitution creates a federal system, but it doesn’t explicitly define “federalism.” The framers wanted a strong national government to 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” and promote the “general welfare.” These broad clauses have allowed the federal government to expand its authority over time. • State powers: Originally limited, mostly to voter qualifications and running elections. The Tenth Amendment clarified that any powers not given to the federal government or denied to the states belong to the states or the people.

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    Study Guide Because the Constitution’s language is vague in places, federal and state governments often interpret it differently, leading to various ideas about federalism. 1.2 Dual Federalism Dual federalism is often described as a “layer cake” because each level of government has distinct responsibilities. • Origins: The Constitution reflected this approach. Even supporters of a strong federal government 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 violates the Tenth Amendment. Historically, this view was popular in the South to limit federal interference in race - related laws. Challenges: It can be hard to decide where federal power ends and state power begins. Before the Civil War, some claimed states could secede or nullify federal laws — but those ideas are no longer valid. Today, the Supreme Court resolves disputes, and it usually favors federal authority over state claims. 1.3 Coopera Ɵ ve Federalism Cooperative federalism came about during the New Deal, when the federal government gained more power to respond to the Great Depression. Unlike dual federalism, it sees federal and state responsibilities as overlapping , like a “marble cake.” • Examples of overlap: o Drug enforcement involves federal, state, and local authorities. o Federal funds may support education, but state and local boards set teacher qualifications 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 of history.

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    Study Guide 2 . Federal - State Rela Ɵ ons Federalism isn’t fixed — it changes over time. The balance of power between the federal government and the states has been shaped by the courts, Congress, and funding policies . Let’s explore each of these in detail. 2.1 The Role of the Courts The 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 national government. In Gibbons v. Ogden (1824) , he interpreted the commerce clause broadly, saying Congress could regulate interstate commerce “to its utmost extent.” This interpretation has allowed the federal government to enforce civil rights laws and regulate wages, working conditions, and other a reas that might seem unrelated to federal authority. • Limits on states: Marshall also believed that the Bill of Rights did not restrict the states, only the 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 stronger federal authority. • Civil rights and liberties: Using the Fourteenth Amendment’s due process and equal protection clauses , federal courts set national standards that states must follow. This includes voting rights protections under the Fifteenth and Twenty - fourth Amendments . Courts also influence how states draw congressional, legislative, and school board district boundaries. • Recent limits on federal power: Some Supreme Court cases have reinforced state authority. For example: o United States v. Lopez (1995): Congress could not ban guns near schools under the commerce clause. o Gonzales v. Oregon (2006): Oregon’s “death with dignity” law for the terminally ill was allowed, even though it conflicted with federal law. 2.2 The Role of Congress Congress can influence states both directly and indirectly .

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