Federalism

Federalism

1. Split Powers

   • Federal: In the US, the federal government shares power with the states.
     • Citizens vote at the federal and state level
   • Unitary: central government has the power, citizens vote for representatives. States have little to no power
     • Citizens vote for members of federal government
   • Confederate: States have the majority of the power. Can give some power to federal government
     • Citizens vote for state government officials
   • Power is divided between federal and state governments
   • Enumerated v.s Implied Powers
     • Enumerated: Explicitly listed
     • Implied Powers: Necessary and Proper Clause. Not explicity stated in Constitution but needed to carry out enumerated powers

2. The Bill of Rights

   • 10th Amedment clarifies role of States and Federal government
     • "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."
   • Used to placate Antifederalists that opposed the Constitution
     • Protects citizen's rights and takes away some federal power

3. Conflict

   • The Supremacy Clause
     • According to the Constitution, laws of federal government are higher than State laws, unless they violate the Constitution
   • The Civil War
     • Federal Government outlawed slavery, but some states still wanted it
   • Brown v. Board of Education
     • Segregation in schools: Little Rock Five
   • National League of Cities v. Usery
     • Minimum wage and maximum hours
   • Gay Marriage

4. Changes over Time

5. Core Beliefs