Topic: Federalism/New Federalism

Question 1

Define Federalism

Answer 1

Allocation of powers between the federal and state government

Question 2

From where do we get the rationale for Federalism?

Answer 2

Supremacy Clause

Question 3

What is the difference between Federalism and Separation of Powers?

Answer 3

Both deal with allocation of power. However:

• Federalism (new and old) deals with the allocation of power between the federal and state governments.
• Separation of Powers deals with the allocation of power among the three branches of government (Executive, Judicial, Legislative).

Note: Both federal and state systems have separation of powers within those systems

Question 4

Federalism allocates some power to the Federal government.

Name some powers allocated to the federal government

Answer 4

1. Preemption
2. Power to Tax
3. Power to Spend
4. Power to Control Commerce
5. Necessary and Proper Clause

Question 5

How can you determine whether the federal government can intervene for the purpose of promoting the common good?

Answer 5

Ask these 3 questions:

1. Duty - Does the government have a duty to act?
2. Power - Does the government have the power to act?
3. Limits - What are the limits on the government’s power to act?

Question 6

Federalism allows for multiple state powers. What are the two important public health state powers?

Answer 6

Police Power - Power of the state to regulate to protect public health, welfare, safety, morals. Such regulation may restrict individual liberties and interests (within constitutional limits)

Parens Patriae - Power of the state to protect and care for individuals who cannot care for themselves

Question 7

Define “New Federalism” and explain what it means.

Answer 7

“A principle of political change, spurred by conservative activism, that seeks to limit federal authority and return power to the states”

Meaning: New Federalism is a relatively new concept. Its basic premise is that the states should have more power than the federal government, especially in terms of regulations.

Question 8

Where does New Federalism get the rationale for limiting the federal government?

Answer 8

• The commerce clause – limits congressional authority
• 10th amendment – reserved powers doctrine - specifically delegates some power to the states; New Federalists argue this power is more expansive than previously thought.
• 11th amendment – grants states immunity from certain lawsuits in federal court without state consent (Sovereign Immunity)

Question 9

What is the difference between Federalism and New Federalism?

Answer 9

Federalism is just the concept that power is divided between federal and state government.

New Federalism is a philosophy on HOW that power should be divided.