(3) American Federalism - Notes

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 ☆ Constitutional responsibilities are divided between the federal and state governments.

Federalism

  • between central and state governments
    • ⭐ checks and balances
    • protects state interests and cerates a strong union
    • balances centralization and decentralization
    • both act autonomously and have authority via the Constitution
    ↠ Commonalities
  • both have their own elected leaders that must cooperate with each other
  • the central government can't change the Constitution without the consent of the states
  • Gives legislative, judicial, and executive authority to the 2 levels in a way that they have some degree of autonomy from the other

National Court System - usually resolves disputes between levels of government

  • state governments are represented in the Upper House of the legislature -> states influence national lawmaking
Federalism and the Constitution
  • empowers and restricts state and federal governments
enumerated powers - Article I Section 8; powers granted to the federal government ex. taxing, borrowing money, declaring war

implied powers - end of Article I Section 8; allows Congress to create laws that are necessary and proper that are not in the Constitution

reserved powers - powers the states have that are not explicitly stated in the Constitution

concurrent powers - powers both the federal and state government share

10th Amendment - affirms states' reserved powers, powers that are not prohibited by the Constitution and ones not given to the central government are permitted to the states.

☆ The Bill of Rights ensures that the government can't take away people's rights and freedoms

The Constitution cannot...
  1. suspend the writ of habeas corpus
  2. pass a bill of attainder
  3. enact an ex post facto law
States cannot...
  1. enter treaties with other countries
  2. create their own currency
  3. levy taxes on imports and exports
  4. deny citizens the rights given to them by the Constitution
Civil Rights Amendments - 15th, 19th, 26th; do not discriminate against citizens' right to vote  based on their age, sex, and race.
    一 Topic is controversial because states have not always ensured equal protection

Article 6 - supremacy clause; Congress laws are always above state laws


State to State Relations


full faith clause - Article IV, Section 1; full faith and credit to each other's public acts, record, and judicial proceedings ex. adoption certificates and driver's license issued in one state is valid in ever other state

privileges and immunities clause - prohibits states from discriminating against out of state citizens...
    ⤷ rights given:
    • access to courts
    • legal protection
    • property and travel rights        
... and prohibits trade restrictions on things from other states; however, a state can tax out of state goods sold within its borders as long as state made goods are taxed at the same level.

Distribution of Finances

16th Amendment - Congress doesn't have to give the reason of tax to states 
  • made it so that taxes are no longer are based on states' populations
  • After this, the federal government's ability to raise revenue and to spend significantly increased
  • = more money to state and local governments via federal grants

☆ Federal, state, and local governments depend on different sources of revenue; tax structure between states vary

Sources of Revenue between Governments



Money transfers from federal, state, and local governments through grants.

(Federal) intergovernmental transfers - in times of economic crises, provides immediate funds to help state and local governments


How the Federal Government Allocates its Spending




Evolution of American Federalism - 1819 -> 1860s; nation vs state governments protecting their interests
  • states cannot encroach on national powers
  • Supreme Court settles the power struggles between both governments
Important Court Cases of State vs Federal Governments
  1. McCulloch v Maryland
  2. Marbury v Madison
  3. Gibbons v Ogden
  4. Dred Scott v Sanford
dual federalism - 1870s -> 1930s; "layer cake federalism"; powers between state and federal governments are clearly defined
  • Supreme Court prevents state and federal governments from stepping outside of their jurisdictional boundaries
  • Common economic belief - didn't want interference from the government in industrial development
cooperative federalism - 1930s -> 1960s; "marble cake federalism"; where both state and federal governments coordinate to solve national problems and their boundaries of powers are blurred

    New Deal - series of programs, public work projects, financial reforms, and regulations enacted by President Franklin D. Roosevelt
  • old age pensions
  • Social Security
  • unemployment insurance
  • agricultural subsidies
  • public services
  • workplace protections

Lyndon B Johnson

Added...
    
     + Medicare and Medicaid
    + School nutrition programs
    + Acts for education
    + Acts for environmental protection
    + Acts for civil rights



















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