Dual Federalism in the US

Dual Federalism in the US

• Dual federalism describes the US governmental system with 50 state governments and a single federal government.
• Ideally, states operate independently, with delegated and reserved powers.
• In practice, federal influence has grown, especially in criminal justice.
• Federal law supersedes state law when conflicts arise (Supremacy Clause, Article VI).
• The Bill of Rights limits federal power; however, its extent remains debated.
• Significant shifts in federal power occurred during the Civil War, New Deal, etc.
• Many scholars view the current system as cooperative federalism rather than dual federalism—power is shared.

Hierarchy of Laws

• Federal law trumps state law when conflicts arise.
• The Constitution (specifically Article VI, the supremacy clause) defines federal law's authority.
• The Bill of Rights acts as a check on federal power.
• The exact scope of federal power and its relationship with states is debated.
• Examples: Federal power's expanded role during the Civil War, New Deal.
• The interaction of federal and state laws is intricate and overlaps, particularly in criminal justice.

Hierarchy of Courts

• A dual court system exists: federal and state.
• Federal and state courts are independent yet interconnected.
• Federal judges interpret laws passed by Congress (and signed by Presidents).
• Federal courts have the power to determine the constitutionality of federal laws.
• Judges depend on the executive branch for enforcing court decisions.
• Congress controls the structure, jurisdiction, and budget of the federal courts.
• Judicial branches require each other to function.

Federal Courts

• District Courts: Trial courts handling both civil and criminal federal cases.
• 94 judicial districts, at least one per state (plus DC and Puerto Rico) and 3 US territories.
• Courts of Appeals (Circuit Courts): Hear appeals from district courts and federal agencies.
• Supreme Court: Highest court, composed of the Chief Justice and 8 Associate Justices.
• Reviews cases involving significant federal questions (e.g., Constitution, federal law) from either federal or state courts.
• State court interpretations of federal law or the Constitution are reviewable by the Supreme Court at the Supreme Court's discretion.
• State courts are the final authority on state law and constitutions.

State Courts

• Each state establishes its own court system.
• State supreme courts are the highest courts. Some states have intermediate appellate courts.
• State trial courts (e.g., circuit, district) deal with a variety of cases (criminal law, probate, family).
• State courts decide on cases related to state laws and constitutions.
• Individuals dissatisfied with trial court results may appeal to intermediate (if applicable) or state supreme courts.

The Hierarchy of Lawmakers

• The Supremacy Clause (Article Six) establishes federal law's authority over conflicting state laws.
• Gibbons v. Ogden (1824) established precedent that federal laws supersede conflicting state laws (if constitutional).
• Examples of Supreme Court rulings clarify the boundaries of federal and state authority.

Dual Executive

• Both states and the federal government have executive branches (law enforcement).
• Federal agencies enforce federal laws, while state agencies enforce state laws.
• These branches can mutually support each other's efforts in law enforcement.

"Layer Cake" and "Marble Cake" Federalism

• "Layer cake" federalism describes the clear separation of powers between the state and federal governments.
• "Marble cake" federalism illustrates the overlapping and shared powers of states and the federal government, especially evident in criminal justice.

Local Governments

• Local governments (cities, counties) form a third layer of government.
• Local police and sheriff's departments are crucial to the criminal justice system.
• They primarily enforce state laws; they are not responsible for federal offences.
• Local governments enact ordinances, mainly involving violations, not imprisonments.

Explore the concept of dual federalism in the United States, where state and federal governments operate independently yet interact. This quiz examines the hierarchy of laws, the Supremacy Clause, and the evolution of federal power through various historical contexts. Test your knowledge on key aspects of federalism and its implications on governance.