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A form of government that distributes power across a national government and subnational governments, and that ensures the existence of subnational governments 1. As a remedy for factions 2. As division of governmental authority
Factions
a number of citizens, whether amounting to a
majority or minority of the whole, who are united and actuated by some impulse of passion, or of interest, adverse to the rights of other citizens, or the permanent and aggregate interests of the community. Federalist 10
Much of what we know about Founders intentions comes from the Federalist Papers All signed Publius Authored by Hamilton, Madison, Jay #10, #51 the most important, both authored by Madison
Federalist #10
Two ways to eliminate factions: authoritarianism and conformism
Causes of factions cannot be eliminated in a free country, therefore control the effects of faction
Under federalism, the states as well as the national government are have power to rule. The regional or state units exist independently of the national government.
Regional units cannot be abolished by national government. Regional units can make decisions on some matters without regard to preferences of the national government.
Unitary government:
Unitary governments may have regional, state, or local units
Example: France
To Learning Objectives
Some powers are exclusive to the state governments Some powers are concurrent to (shared by) state and national governments
Implied Powers
Necessary and Proper Clause
Tenth Amendment
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
All powers not delegated to the national government nor denied to the states by the Constitution
Concurrent Powers
Concurrent Powers
National Government
State Government
Power to Tax
Prohibited Powers
A states rights view: The Dred Scott Decision (1857) Doctrine of nullification The Civil War (1861-1865)
When both national & state government are exercising legitimate powers, and they conflict, which must give to the other? Established:
Doctrine of implied powers Validity of a broad construction Clear meaning of supremacy clause
Congress had already passed a law that would allow a company like Gibbonss to operate.
Is the NY law inconsistent with the Constitution? NY: Constitution gives Congress power to regulate interstate commerce; NYs law dealt with intrastate commerce.
The Great Depression and the changing judicial role (FDRs court packing plan)
Results: Congress has the Constitutional power to regulate anything that affects interstate commerce, e.g., 1964 Civil Rights Bill. A broad expansion of national authority.
Because Congress can regulate interstate commerce, the national government can require health and safety warnings on food and other products.
Share of Nonmilitary Spending by the Federal, State, and Local Governments before and after the Passage of New Deal Legislation
The national government implements policy through the states in two broad ways.
Federal government can direct states to take action. Mandates oftentimes with no federal assistance. Preemption legislation federal government declares certain actions off-limits for state governments. Federal government can use fiscal persuasion to influence states. Categorical grants funds appropriated for a specific purpose in the states Block grants funds to states for broad categories of spending
Civil rights and desegregation War on Poverty States have traditionally favored the status quo
More socially conservative on some issues Want to keep taxes low, attract business Local economic interests = local political influence
Federal Grants to State and Local Governments, 2008 (in billions of dollars)
Civil Rights era federal government as protector 80s and beyond state governments as protectors?
Disadvantages
Makes national unity difficult to achieve, maintain
State governments may resist national policies May permit economic inequality, racial discrimination Law enforcement & justice uneven