Federalism

Federalism

1. Sharing of power between federal and state governments

2. State Powers

   • 10th Amendment
     • Explains power of the states
     • Any power not held by federal government is given the
     • Ex. Education, health, welfare
     • States "should" have power over social issues
     • Gonzalez vs. Reich (2005): Legalization of marijuana is still federal issue (supremacy clause)

3. Commerce Power

   • Regulates commerce between foreign nations and states
   • Very broad power of federal government
   • Hammer vs. Dagenhart (1918): Child labor law not related to commerce
   • Obamacare (2010): Cannot force citizens to buy a product/ service but is a matter of tax

4. Enumerated Powers

   • Specifies actual abilities of federal government
   • Ex, Declare war, establishes courts
   • Limits the power of congress
   • Mcullough vs. Maryland (1819): National bank to carry out congress power

5. Unity/ A More Perfect Union

6. Common questions/ debates: Should states be given more power? Should the federal government be given more power/ control over the states?