Key Characteristics of Fedaralism Flashcards
Define Federalism
The nature of the federal system of government and its relationship with the states.
Federalism means a theory of government where political power is divided between national and state government, there is jurisdiction for each and some decentralisation is involved.
Where does Federalism come from
ederalism is written in the enumerated powers. The term ‘federalism’ is an implied power, but it is indirectly mentioned in Article IV and directly mentioned in the 10th Amendment. Also, it is a concurrent power found in the powers of the federal and state governments.
Define concurrent powers
Concurrent powers are powers that are shared by both the federal (national) and state governments under the U.S. Constitution.
Examples of Concurrent powers
Levy and collect taxes (Article IV, Section 1: Full Faith and Credit Clause)
Borrow money
Establish courts (federal courts and state courts), e.g. Sen. DeSantis’ Transgender bill is blocked by the Florida state court
Define crimes and set punishments, e.g. marijuana, alcohol, abortion
Claim private property for public use
Define national Powers
National powers (also called enumerated, expressed, or delegated powers) are the powers granted exclusively to the federal government by the U.S. Constitution. These powers are primarily outlined in Article I, Section 8 and reinforced by other parts of the Constitution. They allow the national government to handle issues that affect the entire country, ensuring unity and consistency across states.
3 types of national power
- Expressed Powers – Clearly stated in the Constitution.
- Implied Powers – Derived from the Necessary and Proper Clause (Elastic Clause), allowing Congress to pass laws needed to carry out expressed powers.
- Inherent Powers – Powers that naturally belong to any sovereign nation, such as controlling borders and foreign policy.
Examples of national powers
- Coin Money – Only the federal government can mint and regulate currency.
Example: The U.S. Treasury controls the printing of dollars. - Regulate Interstate and Foreign Commerce – Oversees trade between states and with other nations.
Example: Congress passed the Civil Rights Act (1964) using the Commerce Clause to regulate businesses. - Declare War – Only Congress can declare war on other nations.
Example: Congress declared war on Japan in 1941 after the attack on Pearl Harbor. - Maintain Armed Forces – The federal government controls the military.
Example: The U.S. Department of Defense manages the Army, Navy, Air Force, and more. - Make Treaties – The president negotiates treaties, but the Senate must ratify them.
Example: The Paris Agreement (2015) was signed by the president and later rejoined by the U.S. in 2021. - Establish Post Offices – The federal government runs the postal system.
Example: The U.S. Postal Service (USPS) operates nationwide. - Immigration and Naturalisation – Sets rules for becoming a U.S. citizen.
Example: Congress passed the Immigration and Nationality Act (1965) to regulate citizenship pathways. - Foreign Policy and Diplomacy – Manages relations with other countries.
Example: The State Department handles diplomatic affairs and international agreements.
Define State powers
State powers (also known as reserved powers) are the powers granted exclusively to state governments under the U.S. Constitution. These powers are derived from the Tenth Amendment, which states that any powers not delegated to the federal government, nor prohibited to the states, are reserved for the states or the people. This framework allows states to govern local affairs and maintain autonomy over issues that do not require national oversight.
Examples of state power
Regulate intrastate trade and business
Establish public schools
Pass licence requirements for professionals
Regulate alcoholic beverages
Conduct elections (refer to Shelby County v. Holder (2013))
Establish local governments
The US is no longer a federal nation ( Agree)
States are clear policy areas
Whilst there has been growth in the Federal Government, states still maintain significant control over Education, driving and law enforcement in their states, e.g. abortion rights
States are policy labs
Policy differs from state to state with some states legalising cannabis use for recreational purposes which showcases the flexible nature of Federalism in nation, e.g. California
Strong state government and legal systems
State government still plays a large role and is not as weak as local government in the UK, and can still enact policy which is significantly different to that of the Federal government
US state courts are also strong and pose a challenge to the federal government, e.g. challenges to the Trump Travel Ban, Dobbs v. Jackso
The US is no longer a Federal nation ( Disagree)
Federal Expansion and Preemption –
While states maintain control over areas like education, driving laws, and law enforcement, federal oversight has significantly expanded, often overriding state decisions. For example:
Education: Federal initiatives like No Child Left Behind (2001) and Every Student Succeeds Act (2015) impose national standards, limiting state autonomy.
Abortion Rights: The Dobbs v. Jackson Women’s Health Organization (2022) decision returned abortion regulation to the states, but federal legislation on reproductive rights is constantly debated, showing how federal authority can shift power dynamics.
Policy Laboratories – But With Limits –
States indeed act as “policy laboratories,” experimenting with progressive and conservative policies. However, the federal government can intervene, restricting the extent of state innovation:
Cannabis Legalization: States like California have legalized cannabis, but it remains illegal under federal law. This creates legal ambiguity where federal agencies can prosecute businesses and individuals, highlighting the fragility of state-driven policies.
Gun Control: States may impose restrictions, but federal courts have overturned state regulations based on the Second Amendment (e.g., New York State Rifle & Pistol Association v. Bruen, 2022).
State Power vs. Federal Dominance –
While U.S. states wield more power than local governments in the UK, their strength is often curtailed by federal supremacy:
Trump’s Travel Ban: Although state courts initially challenged the ban, the U.S. Supreme Court ultimately upheld it (Trump v. Hawaii, 2018). This underscores the limited influence of state courts when federal interests prevail.
Environmental Policy: California’s ambitious climate policies have faced federal pushback, such as during the Trump administration’s attempt to revoke California’s auto emissions waiver.
Judicial Power – But Not Always Binding –
State courts can challenge federal policies, but final authority rests with the Supreme Court. Even in Dobbs v. Jackson, where states gained greater regulatory power over abortion, the precedent was set at the national level through the federal judiciary. This reaffirms that state courts lack the ultimate authority to set binding national precedents.
