1.4 Federalism: Division of Power Between Federal and State Governments

Federalism is the backbone of American government, dividing power between national and state levels. This system balances central authority with local autonomy, promoting both unity and diversity across the nation.

The concept has evolved from early "dual federalism" to modern "cooperative federalism." This shift reflects changing interpretations of constitutional powers and the dynamic relationship between federal and state governments over time.

Federalism in the U.S. System

Definition and Core Principles

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• Federalism divides power between a central authority and constituent political units (states or provinces)
• U.S. Constitution establishes a federal system balancing power between national and state governments
• Promotes national cohesion while preserving local autonomy and experimentation
• Serves as a check on centralized power
• Provides multiple access points for citizen participation in governance

Historical Interpretations of Federalism

• Dual federalism ("layer cake federalism") describes early interpretation
  • Distinct and separate powers for federal and state governments
• Cooperative federalism ("marble cake federalism") emerged in 20th century
  • Emphasizes collaboration and overlapping responsibilities between federal and state governments

Federal, State, and Shared Powers

Federal Powers

• Constitution explicitly enumerates federal powers in Article I, Section 8
  • Power to tax
  • Regulate interstate commerce
  • Declare war
• Commerce Clause broadly interpreted to expand federal power over economic activities affecting interstate commerce

State Powers

• Tenth Amendment reserves powers not delegated to federal government to states or people
• State "police powers" include
  • Regulating intrastate commerce
  • Establishing local governments
  • Conducting elections

Shared and Constitutional Provisions

• Concurrent powers shared by federal and state governments
  • Power to tax
  • Borrow money
  • Establish courts
• Supremacy Clause (Article VI, Clause 2) establishes federal laws take precedence over conflicting state laws
• Full Faith and Credit Clause (Article IV, Section 1) requires states to recognize public acts, records, and judicial proceedings of other states

Evolution of Federalism

Early Landmark Court Decisions

• McCulloch v. Maryland (1819) established doctrine of implied powers and federal law supremacy
• Gibbons v. Ogden (1824) broadly interpreted Commerce Clause, expanding federal authority over interstate commerce

Expansion of Federal Power

• Civil War and Reconstruction era led to significant federal power expansion
  • Passage of 13th, 14th, and 15th Amendments
• New Deal era increased federal authority
  • Programs like Social Security and labor regulations
• Great Society programs of 1960s expanded federal involvement
  • Areas included education, healthcare, and civil rights

Recent Developments

• United States v. Lopez (1995) limited Commerce Clause scope, signaling shift towards greater state autonomy
• "New federalism" introduced in 1970s and 1980s
  • Aimed to return some powers to states through block grants and deregulation

Advantages vs Disadvantages of Federalism

Benefits of the Federal System

• Allows for state-level policy experimentation ("laboratories of democracy")
  • Informs national policy decisions
• Provides flexibility in addressing diverse regional needs across large, varied nation
• Promotes policy innovation and competition among states
  • Potentially improves governance and public services
• Creates more opportunities for citizen participation in political process

Challenges of Federalism

• Can lead to confusion or conflict over jurisdiction between federal and state governments
• May result in policy inconsistencies across states
  • Potential disparities in education, healthcare, and civil rights
• Sometimes impedes swift, coordinated responses to national crises
• Issues transcending state boundaries may be challenging to address effectively