US Federalism PDF

# The US Constitution and federalism ## Federalism - A Definition Federalism involves a clear division of federal and state powers. Each level of government works largely separately, collaborating when necessary. Federalism is not static; it evolves over time. The different stages of federalism ar...

# The US Constitution and federalism ## Federalism - A Definition Federalism involves a clear division of federal and state powers. Each level of government works largely separately, collaborating when necessary. Federalism is not static; it evolves over time. The different stages of federalism are explained as follows: ### The Three Stages of Federalism * **Dual federalism (1790's to early 1930s):** State and federal governments co-existed with well-defined boundaries, giving states the upper hand. The state governments exerted more political authority, which is depicted as a "layered cake" with clearly defined roles and power dispersal. This period is characterized by limited federal government involvement. * **Cooperative federalism (early 1930's to 1960's):** The federal government gained power significantly, particularly in response to the Great Depression (1929-1939) and WWII (1939-1945). This was marked by a blurred distinction between the levels of government (dubbed "marble cake federalism"). * **New federalism (1960's to 2000's):** Presidents Nixon and Clinton sought to roll back federal power and restore more state sovereignty, yet this resembles cooperative federalism more than dual federalism. ## Key Features of US Federalism Federalism may not be explicitly mentioned in the US Constitution, but it is evident in the division of power between national and state governments. Each is dominant in different areas—for example, national defense for the federal government and law and order for the states. The Tenth Amendment specifically protects state autonomy: any power not given to the federal government is reserved for the states or the people. ### The Main Characteristics of US Federalism - The "layered cake" model of federalism is defined by the clear division of powers between the federal and state governments, with the federal government being mostly dominant. - The "marble cake" model is defined by more blurred lines of power, with both federal and state governments having concurrent powers. - **Key Features** - **Dual Sovereignty**: State and national governments share power—the federal government in national defense, and the states in law and order. - **State Autonomy**: The Tenth Amendment preserves certain powers to the states and "the people." - **Checks and Balances**: This system prevents any one branch of government from having too much power. ## The Debates Around Federalism There is an ongoing debate over the extent to which the USA remains a federal system. It is debated how effectively the Constitution protects states' rights. The increase in federal government power, mainly during the early 1900's, is considered the "federal encroachment". Despite attempts to restore state sovereignty, the current situation is debatable. ## Federalism: A Visual Depiction | | **Federal Government Powers** | **Concurrent Powers** | **State Government Powers** | | ------------------------------------- | --------------------------------------------------------------------- | --------------------------------------------------------- | --------------------------------------------------------------------------------- | | **National Powers** | - Creating and maintaining armed forces | - Making constitutional amendments | - Establishing local governments | | | - Conducting foreign relations and making treaties | - Levying taxes | - Regulating elections | | | - Declaring war | - Establishing courts | - Maintaining a militia (National Guard) | | | - Coining Money | - Making and enforcing laws | - Assuming powers not listed in the constitution (10th Amendment), e.g. regulating schools, issuing licenses, permits, and certificates; interstate commerce. | | **State and Concurrent Powers** | - Regulating interstate and foreign commerce | | | | | - Making Laws "necessary and proper" to achieve their constitutional powers | | | **Figure 1.6** The division of federal and state powers as laid out in the US Constitution. ## Knowledge Check 1. **What are the key features of the US Constitution?** 2. **How many checks and balances of the US Constitution can you name, giving an example of each?** 3. **How does the effectiveness of checks and balances differ in united and divided government?** 4. **Define what federalism means in the US Constitution?**