3.2 The Evolution of American Federalism

American federalism has evolved significantly since the nation's founding. From the weak central government under the Articles of Confederation to the expanded federal power during the New Deal, the balance between state and national authority has shifted over time.

Key Supreme Court cases have shaped this evolution. Decisions like McCulloch v. Maryland and Gibbons v. Ogden 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
• Constitution of 1787 strengthened federal government with enumerated powers and Supremacy Clause making federal law supreme over state law
• Civil War and Reconstruction 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 Commerce Clause and Necessary and Proper Clause to address Great Depression
• Civil Rights Movement of 1960s led to federal legislation (Civil Rights Act of 1964) and court decisions (Brown v. Board of Education) promoting equality and overriding state-mandated segregation
• Late 20th century New Federalism under Nixon and Reagan aimed to return power to states through devolution 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)
• Plessy v. Ferguson (1896) upheld constitutionality of state-mandated racial segregation under "separate but equal" doctrine
• NLRB v. Jones & Laughlin Steel Corp. (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
• Heart of Atlanta Motel v. United States (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

• Dual Federalism (late 18th to early 20th century)
  • Strict separation of federal and state powers as equal sovereigns with distinct authority
• Cooperative Federalism (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
• Creative Federalism (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, block grants, reduced federal regulations

Fiscal and Regulatory Federalism

• Fiscal 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
  • Unfunded mandates require states to implement federal policies without providing funding
• Intergovernmental relations encompass the interactions and cooperation between different levels of government
• Federal preemption allows federal law to supersede state law in specific policy areas
• States' rights advocates argue for greater state autonomy and limited federal intervention
• Nullification, 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)
• Reserved Powers in 10th Amendment give all non-delegated powers to states or people
• Concurrent Powers 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