FEDERALISM

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FEDERALISM
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Under the principle of federalism, two or more
governments would exercise authority over the
same people and the same territory
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Supremacy Clause

• Article VI of the Constitution
• Mandates that national law is supreme to all
  other laws passed by states and other
  subdivisions
• Would include treaties

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Powers of Government

• National powers -- enumerated powers
• necessary and proper clause provides implied
  powers
• State powers
• election issues
• 10th Amend. -- Reserve or police powers
• Concurrent powers (shared)
• tax, establish courts

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Other Issues

• Denied powers
• states cant coin money
• ex post facto laws
• Guarantees
• Full faith and credit -- citizens of each state
  privileges and immunities of citizens of other
  states
• Legalization of gay marriages

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Evolution of Federalism

• Nationalization
• McCulloch v. Maryland
• Dual Federalism
• National govt should not exceed enumerated
  powers
• states rights slavery, nullification doctrine
• Plessy v. Ferguson (1896)
• Cooperative Federalism
• Stronger, more influential national government
• New Deal
• Federal Grants

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Evolution of Federalism (cont)

• Creative Federalism
• Use of grants to influence state/local policy
• Reagan Revolution
• New Federalism
• Return power to states
• Devolution
• Rebel against national power
• Preemption federal govt overrides state laws
• Unfunded mandates