🫡State and Federal Constitutions Unit 5 – Federalism: Federal and State Power Division

Key Concepts in Federalism

• Federalism divides power between a central government and regional governments (states) with both levels having some degree of sovereignty
• In the United States, federalism balances power between the federal government and the individual state governments
• The U.S. Constitution outlines the specific powers granted to the federal government while reserving other powers for the states
• Dual federalism strictly separates federal and state powers with little overlap (prevalent in early U.S. history)
• Cooperative federalism involves collaboration and shared responsibilities between federal and state governments (became more common in the 20th century)
  • Includes federal grants and funding to states for various programs and initiatives
• Marble cake federalism describes the intermingling of federal, state, and local responsibilities and jurisdictions
• Fiscal federalism deals with the financial relationships and transfers between different levels of government

Historical Development of Federalism

• The Articles of Confederation (1777-1789) established a weak central government with most power residing in the states
• Federalist Papers (1787-1788) argued for a stronger federal government to address the limitations of the Articles of Confederation
  • Written by Alexander Hamilton, James Madison, and John Jay
• U.S. Constitution (1787) created a federal system with a stronger central government while still preserving state powers
• Tenth Amendment (1791) reinforced the principle of reserved powers for the states
• Dual federalism dominated the 19th century with clear separation of federal and state powers
• New Deal era (1930s) marked a shift towards cooperative federalism with increased federal involvement in social and economic issues
  • Expansion of federal grants and programs in areas like welfare, infrastructure, and education
• Great Society programs (1960s) further expanded federal involvement and cooperation with states in areas like healthcare, education, and poverty reduction

Constitutional Basis for Federal-State Power Division

• Article I, Section 8 of the U.S. Constitution enumerates specific powers granted to Congress (enumerated powers)
  • Includes powers to tax, regulate commerce, declare war, and establish a military
• Article IV, Section 1 requires states to give "full faith and credit" to the public acts, records, and judicial proceedings of other states
• Article VI establishes the Constitution as the "supreme law of the land" (supremacy clause)
  • Federal laws take precedence over conflicting state laws
• Tenth Amendment reserves powers not delegated to the federal government for the states or the people
• Necessary and Proper Clause (Article I, Section 8, Clause 18) allows Congress to make laws needed to carry out its enumerated powers (implied powers)
• Commerce Clause (Article I, Section 8, Clause 3) grants Congress power to regulate interstate commerce
  • Has been broadly interpreted to expand federal power over economic activities

Powers of the Federal Government

• Enumerated powers are specifically listed in the Constitution (Article I, Section 8)
  • Include taxation, borrowing money, regulating commerce, coining money, establishing post offices, and declaring war
• Implied powers stem from the Necessary and Proper Clause allowing Congress to make laws needed to carry out enumerated powers
  • For example, establishing a national bank to manage federal funds and fiscal policy
• Power to regulate interstate commerce has been broadly interpreted to cover many economic activities
• Supremacy Clause ensures that federal laws, treaties, and the Constitution take precedence over conflicting state laws
• Foreign policy and national defense are primarily federal responsibilities
  • Includes diplomatic relations, treaty-making, and maintaining a military
• Federal government has the power to levy taxes and spend funds for the general welfare (taxing and spending power)

Powers Reserved for the States

• Tenth Amendment reserves powers not delegated to the federal government for the states or the people
• Police powers allow states to enact laws protecting public health, safety, and morals
  • Includes regulating intrastate commerce, criminal law, education, and public welfare
• States have the power to establish local governments and manage state-level elections
• Regulation of professions and occupations (licensing) is primarily a state responsibility
• States have the authority to levy taxes and spend funds for state purposes
  • Includes property taxes, sales taxes, and income taxes in some states
• Education is largely a state and local responsibility with states setting curriculum standards and funding public schools
• States have the power to ratify constitutional amendments and participate in the amendment proposal process

Concurrent Powers and Cooperation

• Concurrent powers are shared by both the federal and state governments
  • Include taxation, borrowing money, establishing courts, and making and enforcing laws
• Federal grants provide funds to states for specific purposes and programs (conditional spending)
  • States must comply with federal guidelines to receive and use funds
• Medicaid is a joint federal-state program providing healthcare coverage for low-income individuals
  • Federal government sets guidelines and provides matching funds, while states administer the program
• Education involves cooperation through federal funding, standards, and programs alongside state and local control
• Environmental protection involves federal regulations and oversight (EPA) with state implementation and enforcement
• Law enforcement and criminal justice involve federal agencies (FBI, DEA) working with state and local law enforcement
• Cooperative federalism encourages collaboration and shared responsibilities between federal and state governments

Federalism Challenges and Conflicts

• Debates over the proper balance of power between federal and state governments have persisted throughout U.S. history
• Nullification crisis (1832) involved South Carolina attempting to nullify federal tariffs
  • Raised questions about state sovereignty and the supremacy of federal law
• Civil War (1861-1865) was partly fought over states' rights and the limits of federal power
  • Reconstruction Amendments (13th, 14th, 15th) expanded federal power and civil rights protections
• New Deal programs faced challenges over the scope of federal power in regulating the economy and social welfare
• Civil rights era saw conflicts over federal intervention in state affairs to protect minority rights
  • Desegregation, voting rights, and anti-discrimination laws
• Debates over the role of the federal government in healthcare, education, and environmental regulation continue to shape federalism
• Preemption of state laws by federal legislation can create tensions and limit state autonomy in certain policy areas

Modern Interpretations and Trends

• New Federalism (1970s-1980s) emphasized devolution of power from the federal government back to the states
  • Included block grants and reduced federal regulations
• Unfunded mandates (1990s) required states to comply with federal regulations without providing adequate funding
  • Unfunded Mandates Reform Act (1995) aimed to limit this practice
• Cooperative federalism remains prevalent with ongoing collaboration and shared responsibilities
• Medicaid expansion under the Affordable Care Act (2010) demonstrated the interplay of federal and state roles in healthcare policy
• Legalization of marijuana in some states has raised questions about federal supremacy and state autonomy
• Same-sex marriage legalization (2015) highlighted the evolving nature of federalism and civil rights
• COVID-19 pandemic response involved both federal and state actions in public health, economic relief, and vaccine distribution
  • Showcased the importance of federal-state coordination and challenges in balancing powers during a crisis