American has evolved significantly since the nation's founding. From the weak central government under the to the expanded federal power during the , the balance between state and national authority has shifted over time.
Key Supreme Court cases have shaped this evolution. Decisions like and expanded federal power, while more recent rulings have aimed to protect state sovereignty. Understanding these shifts is crucial to grasping American governance.
The Evolution of American Federalism
Shifts in state-federal power balance
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Articles of Confederation initially gave states more power with a weak national government unable to tax or regulate commerce
of 1787 strengthened federal government with and making federal law supreme over state law
and amendments (13th, 14th, 15th) expanded federal authority to protect individual rights and limit state power
New Deal era saw Supreme Court uphold broad federal power under and to address Great Depression
of 1960s led to federal legislation (Civil Rights Act of 1964) and court decisions () promoting equality and overriding state-mandated segregation
Late 20th century under Nixon and Reagan aimed to return power to states through of federal programs
Supreme Court cases on federalism
McCulloch v. Maryland (1819) established doctrine of implied powers, affirming federal law supremacy over state law
Gibbons v. Ogden (1824) broadly interpreted Commerce Clause, giving Congress extensive power to regulate interstate commerce (transportation, trade)
(1896) upheld constitutionality of state-mandated racial segregation under "separate but equal" doctrine
(1937) upheld National Labor Relations Act, expanding federal power to regulate labor under Commerce Clause
Brown v. Board of Education (1954) overturned Plessy, declaring state-mandated school segregation unconstitutional
(1964) upheld Civil Rights Act of 1964, affirming federal power to prohibit racial discrimination in public accommodations (hotels, restaurants) under Commerce Clause
Models of federalism over time
(late 18th to early 20th century)
Strict separation of federal and state powers as equal sovereigns with distinct authority
(1930s to 1970s)
Increased collaboration between federal and state governments
Federal grants to states to implement national policies, expanding federal power in traditional state areas
(1960s subset of cooperative federalism)
Federal grant programs to address social issues (poverty, urban development) through state and local implementation
New Federalism (1970s to present)
Efforts to decentralize power back to states
Devolution of federal programs to state and local control
Emphasis on state autonomy, , reduced federal regulations
Fiscal and Regulatory Federalism
involves the financial relationship between federal and state governments
Block grants provide states with federal funding for broad policy areas, allowing more state discretion
require states to implement federal policies without providing funding
encompass the interactions and cooperation between different levels of government
Federal allows federal law to supersede state law in specific policy areas
advocates argue for greater state autonomy and limited federal intervention
, though largely discredited, is the theory that states can invalidate federal laws they deem unconstitutional
Federalism and the Constitution
Constitutional division of federal-state power
Federal system divides power between national government and states
Enumerated Powers in Article I, Section 8 grant specific powers to Congress (taxation, commerce regulation, declaring war)
in 10th Amendment give all non-delegated powers to states or people
are shared by federal and state governments (taxation, establishing courts)
Supremacy Clause in Article VI makes Constitution, federal laws, and treaties supreme over conflicting state laws
Key Terms to Review (31)
Articles of Confederation: The Articles of Confederation was the first constitution of the United States, establishing a loose confederation of sovereign states with a very weak central government. It served as the governing document of the United States from 1781 to 1789, before being replaced by the current U.S. Constitution.
Block Grants: Block grants are a type of federal funding provided to state and local governments for broad, flexible use in specific policy areas. They give recipients discretion in allocating the funds to address their unique needs and priorities within the general guidelines of the grant program.
Brown v. Board of Education: Brown v. Board of Education was a landmark 1954 Supreme Court case that overturned the precedent set by Plessy v. Ferguson, declaring that state laws establishing racial segregation in public schools were unconstitutional. This decision played a pivotal role in the African American struggle for equality and the evolution of American federalism.
Civil Rights Movement: The Civil Rights Movement was a decades-long struggle by African Americans and their allies to end racial discrimination and secure equal rights under the law. It was a pivotal social and political movement that transformed American society, leading to landmark legislation and advancing the cause of democracy and equal protection for all citizens.
Civil War: The Civil War was a major armed conflict in the United States that took place from 1861 to 1865 between the Northern (Union) and Southern (Confederate) states. It was a pivotal event in the evolution of American federalism, as it tested the limits of state sovereignty and the balance of power between the federal government and the states.
Commerce Clause: The Commerce Clause is a provision in the United States Constitution that grants Congress the power to regulate commerce among the states, with foreign nations, and with Native American tribes. It is a crucial element that defines the division of power between the federal government and the states.
Concurrent Powers: Concurrent powers refer to the shared authority between the federal government and state governments to legislate and govern in certain areas. This concept is a fundamental aspect of American federalism, where both levels of government possess the ability to enact laws and policies within their respective jurisdictions.
Constitution: A constitution is a foundational legal document that outlines the principles, structures, and functions of government. It serves as the supreme law of the land, establishing the framework within which government operates and protecting the rights of citizens. By defining how power is distributed and exercised, a constitution plays a critical role in shaping governance and maintaining order in society.
Cooperative Federalism: Cooperative federalism is a model of federalism where the national government and state governments work together in a spirit of cooperation to achieve common goals and address shared challenges. It emphasizes the interdependence and collaboration between different levels of government, rather than a strict separation of powers.
Creative Federalism: Creative federalism refers to the dynamic and collaborative relationship between the federal government and state/local governments in addressing complex societal issues. It involves innovative approaches to intergovernmental cooperation and the sharing of resources, responsibilities, and decision-making power across different levels of government.
Devolution: Devolution is the transfer of power and authority from a central government to regional or local governments. It involves the decentralization of decision-making and the delegation of certain responsibilities and resources to lower levels of government.
Dual Federalism: Dual federalism is a political theory that emphasizes the clear division of power between the federal government and state governments, with each level of government having its own distinct and independent spheres of authority. It is a model of federalism that was prominent in the United States during the 19th and early 20th centuries.
Enumerated Powers: Enumerated powers refer to the specific, limited powers granted to the federal government by the U.S. Constitution. These powers are explicitly listed and defined, establishing the scope and boundaries of the national government's authority.
Federalism: Federalism is a system of government in which power is divided between a central authority and constituent political units, such as states or provinces. It is a fundamental principle of the United States Constitution, which establishes a federal system where the federal government and state governments share sovereignty and responsibilities.
Fiscal Federalism: Fiscal federalism is the financial aspect of the federal system, which involves the division of public sector resources and responsibilities between national and subnational governments. It encompasses the taxing, spending, and regulatory powers of different levels of government and how they interact to achieve economic and political objectives.
Gibbons v. Ogden: Gibbons v. Ogden was a landmark Supreme Court case decided in 1824 that established the federal government's authority to regulate interstate commerce under the Commerce Clause of the U.S. Constitution. The case had significant implications for the evolution of American federalism.
Heart of Atlanta Motel v. United States: Heart of Atlanta Motel v. United States was a landmark Supreme Court case that upheld the constitutionality of the Civil Rights Act of 1964, which prohibited discrimination in public accommodations. The case established that the federal government had the authority to regulate private businesses, like the Heart of Atlanta Motel, that catered to interstate travelers under the Commerce Clause of the U.S. Constitution.
Intergovernmental Relations: Intergovernmental relations refer to the complex and dynamic interactions, interdependencies, and power dynamics between different levels of government, such as federal, state, and local. It encompasses the formal and informal processes, agreements, and conflicts that arise as these governments work together or compete for resources and authority.
McCulloch v. Maryland: McCulloch v. Maryland was a landmark Supreme Court case decided in 1819 that established the principle of federal supremacy and the implied powers of the federal government. The case centered on the ability of the state of Maryland to tax the Second Bank of the United States, a federal institution, and had significant implications for the balance of power between the federal and state governments.
Necessary and Proper Clause: The Necessary and Proper Clause, also known as the Elastic Clause, is a provision in the United States Constitution that grants Congress the power to make all laws 'necessary and proper' for carrying out its enumerated powers and other responsibilities of the federal government.
New Deal: The New Deal was a series of economic programs and reforms implemented in the United States during the Great Depression under President Franklin D. Roosevelt. It aimed to provide relief, recovery, and reform to address the devastating effects of the economic crisis and restore prosperity to the nation.
New Federalism: New Federalism is a political philosophy that emphasizes the role of state and local governments in the federal system, promoting a decentralized approach to governance. It aims to shift power and responsibility away from the federal government and towards the states, fostering a more balanced and cooperative relationship between different levels of government.
NLRB v. Jones & Laughlin Steel Corp.: NLRB v. Jones & Laughlin Steel Corp. was a landmark Supreme Court case in 1937 that upheld the constitutionality of the National Labor Relations Act (NLRA), a key piece of New Deal legislation that protected the rights of private sector employees to organize and collectively bargain. The case established the federal government's authority to regulate labor relations and marked a significant expansion of the Commerce Clause power.
Nullification: Nullification is the legal theory that a state has the right to nullify, or invalidate, any federal law that the state deems unconstitutional. It is a concept that emerged during the early years of the United States as a way for states to assert their sovereignty and resist federal policies they believed exceeded the government's constitutional authority.
Plessy v. Ferguson: Plessy v. Ferguson was a landmark 1896 Supreme Court case that upheld the doctrine of 'separate but equal' racial segregation laws. The decision established a legal precedent that allowed for the segregation of public facilities, such as transportation and schools, based on race.
Preemption: Preemption is a legal doctrine that establishes the supremacy of federal law over state law when the two conflict. It determines the extent to which federal regulations or statutes override or replace corresponding state laws, allowing the federal government to assert its authority and primacy in specific policy areas.
Reconstruction: Reconstruction refers to the period following the American Civil War, during which the United States government sought to reintegrate the Confederate states into the Union and address the social, political, and economic changes brought about by the war, particularly the abolition of slavery.
Reserved Powers: Reserved powers refer to the powers that are retained by the states or the people, rather than being delegated to the federal government, as outlined in the U.S. Constitution. These powers are not explicitly granted to the national government and are considered to be the inherent rights of the states or the citizens.
States' Rights: States' rights refer to the powers reserved for the individual U.S. states, as opposed to the federal government, as outlined in the U.S. Constitution. This concept has been a central part of the ongoing debate over the balance of power between the states and the federal government throughout American history.
Supremacy Clause: The Supremacy Clause is a provision in the U.S. Constitution that establishes the Constitution, federal laws, and treaties as the 'supreme law of the land.' It ensures that federal law takes precedence over state law when the two are in conflict.
Unfunded Mandates: Unfunded mandates refer to laws or regulations imposed by the federal government that require state and local governments to carry out certain actions or provide specific services without providing the necessary funding to do so. These mandates create a financial burden on state and local budgets, often leading to difficult choices about resource allocation and service provision.