FEDERALISM

FEDERALISM

1. CONCEPTS IN FEDERALISM

   • Constitutional Basis of Federalism
     • The constitution divides power between the Federal government and State government and makes the Federal government supreme.
   • Intergovernmental Relations
     • The shared responsibilities between the Federal and State government.
   • Diversity in policy
     • Federalism allows for diversity among the states in their policies and also allows states to move beyond the limits of national policy.

2. POWERS GRANTED WITHIN A FEDERAL SYSTEM

   • Supremacy Clause
     • Allows the national government to preempt state laws if it is acting within its legal sphere.
   • Enumerated Powers
     • Powers of the Federal government that are listed explicitly in the Constitution.
   • Implied Powers
     • Powers of the Federal government that go beyond those enumerated in the Constitution.
   • Commerce Power
     • Power of congress to regulate interstate and international commerce

3. ROLE OF THE BILL OF RIGHTS

   • The 10th Amendment
     • The 10th Amendment answers a question about the boundaries of the national government.
     • It states that the "powers not delegated to the [US] by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people"
     • It clearly means that the national government has only the powers that the Constitution assigns to it.

4. CONFLICTS WITHIN FEDERALISM

   • McCulloch v. Maryland
     • An 1819 Supreme Court decision that established the supremacy of the national government over state governments
   • Gibbons v. Ogden
     • A landmark case decided in 1824 in which the Supreme Court defined the power of Congress to regulate interstate commerce as encompassing virtually every form of commercial activity.

5. TRENDS IN OUR FEDERAL SYSTEM

   • On the positive side, federalism increases the opportunity for citizens to participate in government and see their policy preferences reflected in law.
   • On the negative side, federalism can result in the election of a president not favoured by a majority of the public.
   • The national government has grown in response to the demands of Americans for public services it can best provide.