Federalism Flashcards
What is Federalism?
An ideology that advocates a multi-tiered government combining elements of shared-rule and regional self-rule.
Anti-Federalists
Those who supported a weaker central government (and, subsequently, stronger state governments and states’ rights.)
Prominent Federalists
Alexander Hamilton, John Jay, and James Madison
Federalist Papers
85 essays written by Alexander Hamilton, John Jay, and James Madison encouraging support for the Constitution and a strong central government.
Prominent Anti-Federalists
Thomas Jefferson, Aaron Burr, Patrick Henry, and George Mason.
Tenth Amendment to the Constitution
Rights reserved to the states or to the people: “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.”
Tenth Amendment Doctrine
Legal cases that use the Tenth Amendment to invalidate congressional laws.
Purpose of the Bill of Rights
To placate anti-Federalists so that they would support the Constitution. To the Federalists, the Bill of Rights “was mostly just a big explanation point.” It did not change anything already written in the Constitution. It effectively just emphasized it for clarity.
Implied Powers
Powers assumed simply because they seem reasonable and aren’t expressly prohibited by the Constitution (think of a teacher who allows students to eat lunch in the classroom. One student brings his lunch and a drink even though the teacher never explicitly said drinks were allowed. It is implied.)
Examples of implied powers that became real powers.
Military draft, hold overseas colonies, and pass laws concerning immigration.
Significance of the Tenth Amendment over the course of the 20th Century
Used in the early part of the 20th Century to resist expansion of `national power. In the middle part of the 20th Century the 10th Amendment diminished in influence when the Supreme Court acquiesced to the New Deal (Social Security, new regulation, worker protections, etc.) and enforcement of racial equality. Since the 1990s the 10th Amendment has seen a resurgence in importance.
New York vs. United States
Supreme Court held that the Tenth Amendment prohibited Congress from enacting a comprehensive plan for the disposal of radioactive waste that required states to assume responsibility for the disposal of waste
within their borders.
Dual Federalism
Clear demarcation of state and federal domains of authority. (enumerated vs reserved powers)
U.S. v. Lopez
1995: Supreme Court found the 1990 Gun-Free School Zones Law unconstitutional for overstepping Congressional authority.
McCulloch v. Maryland
1819: Case involving the National Bank and a tax imposed on it by Maryland. Supreme Court ruled that the U.S. Government had certain implied powers not enumerated by the Constitution and the states could not interfere with those powers because the Federal Government is supreme over the states.
Federalists
Those during the American revolution and after who supported a strong central government.
Federal political system
Descriptive term for non-unitary states such as confederacies or quasi-federations.
Confederacy
System where the central government is accountable to the member states.
Federation
System in which neither the federal nor constituent units of government are subordinate to each other, each has sovereign powers derived from the constitution rather than another level of government, each is directly elected, and each has legislative, executive, and taxing powers.
Five criteria of a Federation
1) at least two tiers of government, 2) some form of agreement between the parts, 3) mechanism for decision making at the federal level (usually bicameral legislature to represent the people and the states), 4) umpire to resolve disputes (Supreme Court), and 5) mechanism to facilitate cooperation where powers overlap.
Is Federalism the same as separation of powers?
No. National and state governments exercise separate powers within their own sphere of influence, not between branches of government.
Cooperative Federalism
Intergovernmental relations in which the national government supports state governments in their efforts to address domestic matters reserved to them.
