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| framers and federalism | The Framers meeting in Philadelphia in 1787 faced a dilemma: How could they create one nation out of thirteen independent states in a way that would protect citizens’ liberties from an all-powerful central government? Their response was to create an entirely new approach to governing—federalism. In federalism, two or more governments exercise power over the same people and the same territory. In our federal system the central, or national, government has some special powers over all citizens, the states have certain powers reserved for them, and the two share some powers. |
| concurrent power | The federal government and the states also have certain powers that they share, called concurrent powers, and each level of government exercises these powers independently. Examples of concurrent powers are the power to tax, to maintain courts and define crimes, and to take private property for public use. Concurrently with the national government, the states may exercise any power not reserved by the Constitution for the national government; however, state actions must not conflict with any national laws. |
| denied powers | the Constitution specifically denies some powers to all levels of government. Article I, Sections 9 and 10 enumerate those things neither the national government nor state governments can do. For example, neither government can pass retroactive laws (that punish actions that occurred before the law passed), tax exports, hold or sentence a person to jail without a fair trial, pass any law that violates the Constitution, grant titles of nobility |
| Alexander Hamilton | Supporters of federalism like John Jay and Alexander Hamilton had to convince state leaders that the Constitution set up a power-sharing arrangement that was reasonable. In The Federalist No. 9, Hamilton assured doubters that the Constitution would respect the power of state governments: “The proposed Constitution, so far from implying an abolition of the State governments, makes them constituent parts of the national sovereignty, by allowing them a direct representation in the Senate, and leaves in their possession certain exclusive and very important portions of sovereign power. This fully corresponds … with the idea of a federal government.”—Alexander Hamilton, 1787 |
| “Necessary and Proper Clause” | “Congress shall have power . . . to make all Laws which shall be necessary and proper for carrying into Execution the Foregoing powers, and all other powers vested . . . in the Government of the United States. . . . ” —Article I, Section 8, Clause 18 |
| “Elastic Clause” | nickname for the “Necessary and Proper Clause” because it allows Congress to stretch its power to carry out its expressed/enumerated powers. |
| Federal Powers v. State Powers | The Constitution divides government authority by giving the national government certain specified powers, reserving all other powers to the states or to the people. Federal powers include the power to levy and collect taxes, to coin money, to make war, to raise an army and navy, and to regulate commerce among the states. Powers reserved to the states include powers to conduct elections, establish and support local schools, and regulate businesses and trade within the state. |
| enabling act | Before a territory can become a state, Congress must pass an enabling act, which allows the people of the territory interested in becoming a state to prepare a constitution. If voters in those areas approve the constitution by popular vote, Congress can choose to take a vote on whether to accept the proposed state constitution and whether to admit the territory as a state. Like all other laws, the admission of new states is subject to presidential veto. |
| federal power over state election laws | State and local governments conduct and pay for elections of all national government officials—senators, representatives, and presidential electors. The Constitution gives state legislatures the power to fix the “times, places, and manner” of election of senators and representatives, though Congress can alter state election laws, too. |
| federal land-grant schools | The national government has always provided different types of aid to the states. In 1862, for instance, Congress passed a law giving nearly 6 million acres of public land to the states for support of colleges. In this way, more Americans were given access to a college education. |
| federal block grant | Federal grants redistribute income among the states. Taxes are collected by the federal government from citizens in all 50 states. This money is then allocated through grants to people in many states. Much of the federal money to states comes in block grants that are based on the population of the state. |
| federal low-cost loans | The national government intervenes in states in the aftermath of natural disasters such as earthquakes, floods, hurricanes, and tornadoes. When one of these disasters strikes, the president may order federal troops to aid disaster victims. The government also provides low-cost loans to help people repair damages. |
| lawsuits between states | Sometimes states are unable to resolve their disputes through negotiation or interstate compacts. In such cases, they may resort to lawsuits. Since 1789, nearly 200 disputes between states have been resolved in court. Suits among two or more states are heard in the U.S. Supreme Court—the only court where one state can sue another. |
| state residency | Whether a person is considered a resident depends on how a state defines residency. Some states require someone to live in a state for a certain period of time before being able to vote there. States can also require people to establish residency, and/or obtain their state license before they can practice a profession like law, medicine, or dentistry there. |
| states and business | States regulate corporations within their borders and promote and try to attract those businesses; they have an interest in having local businesses succeed to benefit the state economy and provide employment for state residents. |
| state laws | States can make laws about anything that is not prohibited by the Constitution or by national law. States are involved in many day-to-day concerns of their residents. They regulate and promote business, preserve natural resources, make and enforce criminal laws, protect individual rights, and provide for public health, education, and welfare. The national government also addresses some of these issues. |
| public policy | A policy is a stated course of action for addressing certain problems or issues. When a government settles on a course of action, we call it public policy. |
| 2010 Affordable Care Act | The Supreme Court said that the 2010 Affordable Care Act’s requirement that Americans purchase health insurance was not a constitutional exercise of Congress’s commerce power, because it was trying to force people into economic activity, not simply regulate it. The law was upheld, however, because a majority of the justices agreed that it was constitutional under Congress’ taxing power. |
| nationalist position | A nationalist position is the view that favors national action in dealing with public policy matters. Supporters of a strong national government believe that the national government is better equipped to solve some major social and economic problems facing the nation. Those who hold the nationalist position tend to be described as liberal, Democrat, or progressive |
| states’ rights position | A states’ rights position favors state and local governments taking the lead on dealing with public policy problems. Supporters of stronger state governments believe state and local governments are closer to the people and better reflect the unique needs and wishes of their residents. They tend to see “big government” (as in a national government that interferes too much) as heavy-handed and a threat to individual liberty. These individuals are more likely to oppose broad federal laws and regulations that limit states’ authority to legislate as they wish. In part, they argue that public policy needs to be tailored to challenges faced by individual states and that “one size doesn’t fit all.” Those who hold the state’s rights position tend to be described as conservative, Republican, or libertarian. |
| federalism and political participation | Federalism increases opportunities for American citizens to participate in politics. A key element in federalism, the sovereign power of voters, is evident because Americans have the chance to vote on a regular basis. They elect governors, state lawmakers, mayors, council members, school board members, county prosecutors, and many other state and local officials, such as the judges that sit on the municipal, county, and state courts. They also vote on specific local issues—whether to build a mass transit system in their city, whether to outlaw smoking in public places, or whether to increase property taxes for schools. |
| federalism and political parties | Rival political parties are a key element of democratic government. Federalism makes it possible for different parties to be victorious in state, local, and federal elections. Furthermore, federalism lessens the risk of one party having a monopoly of political power at all levels of government. |
