American Federalism

Past, Present and Future

Federalism

System of government in which a written constitution divides the

powers of government on a territorial basis.

To Create a more Perfect Union

Washington, Hamilton, Madison called for a convention to remedy the Problems of the Articles of Confederation

Rejected both confederal and unitary models of government.

New Form – Federalism

1. More than decentralized hierarchy – states are full functioning

2. Framers expected states to have most power.

Dual Federalism 1789 to 1865Equal Partners with separate spheres of authority

Doctrines of Nullification – held states could suspend operation of federal laws they deemed unconstitutional

McCulloch Vs. Maryland – rechartered the Second Bank of US. Expanded implied power and necessary and proper clause of Article I

Testing Federalism: The Civil War

Slavery accelerated tensions between nation centered and state centered concepts of the federal system

Federal Government had acted as a servant to states

During the war federal government took over militia, currency and banking

Cooperative Federalism1901-1960

Greater cooperation and collaboration between various levels.

Income Tax and the Grant-in-aid system

New Deal Programs Civil Rights - 1954

Division of Powers

10th Amendment The powers not delegated to the U.S. by the

Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people

The Options for distributing power geographically

Expressed Powers

Powers delegated to the National Government which are spelled out in the Constitution.

Examples: Coin money, declare war

Implied Powers

Powers which are not expressly stated in the Constitution by are reasonably implied.

Examples: Necessary and Proper clause

Inherent Powers

Powers given to the National government because it is a sovereign state in the world community.

Examples Regulation of immigration, deportation of

aliens

Exclusive powers

Powers that can only be exercised by the national government.

Examples Coin money, Make treaties.

Concurrent Powers

Powers that both the national and the state governments posses.

Examples Collect taxes, define crimes and punishments.

Reserved Powers

Powers held by states in the federal system, they are powers that are not given to the National government, but are not denied to the states.

Examples Marriage licenses, plumbing licenses

The Supreme Court

The Umpire of the Federal System Examples

McCulloch V. Maryland-1819 Second bank of the United States