Federalism and Powers Overview

Supremacy Clause and the Ladder of Laws

• The U.S. Constitution, federal laws, and treaties are supreme to state constitutions, state laws, and local laws. This is the Supremacy Clause.
• This establishes a hierarchical structure for laws within the U.S. system.

Types of Powers

• Expressed Powers: Powers specifically listed in the Constitution.
• Enumerated/Exclusive Powers: Powers specifically granted to the national government.
• Delegated Powers: Powers given to a government agency or the executive branch to facilitate its duties.
• Reserved Powers: Powers limited to the states.
• Implied Powers: Powers not explicitly stated in the Constitution, but reasonably implied as necessary for carrying out enumerated powers.
• Inherent Powers: Powers that naturally belong to a sovereign government.
• Concurrent Powers: Powers shared by both the national and state governments.

Problems with Federalism

• Power Struggles: Conflicts arise between states and the federal government regarding who holds power.

• Examples: Disputes over matters like the Texas border or legal interpretations regarding abortion rights (e.g., Roe v. Wade). This highlights a challenge in balancing state and federal authority.

Types of Federalism

• Dual Federalism (pre-1865): A clear distinction between national and state powers, often leading to conflict.
• Cooperative Federalism (1865-LBJ): Blurred lines between national and state laws, making it difficult to pinpoint the limits of each government's influence.
• Creative Federalism (LBJ-2000s): The federal government tries to exert influence over states, primarily using categorical grants that define how the funds must be spent.
• New Federalism (present): A push towards returning more power to the states via block grants, giving states more freedom in how they use the money.

Marshall Court Cases

• McCulloch v. Maryland: Established the principle that states cannot tax federal property, setting a precedent for the Supremacy Clause. This case was a major test of federal authority over states.
• Necessary and Proper Clause: Congress can act even when the Constitution doesn't explicitly grant it authority. Implied and incidental powers are necessary to support the exercise of enumerated powers.
• Commerce Clause: Congress holds the power to regulate domestic and foreign commerce. This power was widely interpreted and subject to various legal challenges especially from the Marshall court.
• United States v. Lopez: Limited the scope of the Commerce Clause by ruling the Gun-Free School Zones Act unconstitutional. This was a significant narrowing of federal power, marking a shift in the balance of power between federal and state governments.