- Federalism and its Alternatives
- Unitary Systems
- Confederal Systems
- Federalism
- The Distribution of State and Federal Powers
- The U.S. Constitution does specify some distribution of powers:
Federal Both States Powers
GrantedEnumerated
ImpliedConcurrent Reserved Powers
DeniedArticle I Sect. 9
Civil LibertiesBills of Attainder
Ex post facto
Titles of nobility
Article 1, Sect. 10
- Powers Granted
- Enumerated/Express/Delegated
- declarations of war
- print paper money
- Implied
- space program
- Reserved
- police powers
- health
- safety
- morals
- Concurrent
- public welfare
- dual judiciary
- Powers Denied
- Civil Liberties
- Hamilton's Opposition
- dangerous?
- unnecessary?
- Jefferson's Response
- Article I, Section 10
- Miscellaneous
- Main areas of ambiguity:
- Federalism and the U.S. Supreme Court
- The John Marshall Court (1801-35)
- McCulloch v. Maryland (1819)
- Gibbons v. Ogden (1824)
- Dartmouth College Case (1819)
- Taney Court (1836-64)
- Charles River Bridge Case (1837)
- Cooley v. Board of Wardens of Port of Philadelphia (1852)
- Dred Scott v. Sanford (1857)
- The U.S. Civil War
- Reconstruction, 1866-77
- 13th Amendment (1865)--abolition
- 14th Amendment (1868)--citzenship
- 15th Amendment (1870)--voting rights
- The Compromise of 1877
- Era of Dual Federalism (1877-1932)
- The Slaughterhouse Cases (1873)
- Fiscal Federalism
- Without effective regulation, the national economy grew rapidly after 1870
- But the "business cycle" grew unstable and a Great Depression (1929-41) stuck the nation:
- By 1932, 25 percent of the country was destitute
- The federal government was also a small player
- Herbert Hoover (R, 1929-1933)
Year State
SpendingLocal
SpendingFederal
Spending1929 23% 60% 17% 1939 23% 30% 47% 2001 20% 19% 61%
- The New Deal (1933-41) and Great Society (1964-69)
- Franklin D. Roosevelt (D, 1933-45)
- Federal Revenues
- Categorical Grants in Aid
- New Federalism
- Richard M. Nixon (R, 1969-74)
- General Revenue Sharing (formula grants) and
- Block Grants
- President Reagan (R, 1981-89)
- Cut grants
- Cut federal taxes
- Deregulate and privatize
- Federal Debt
- Federal Expenditures
- Recent Supreme Court Cases bolstering states' power
- Printz v. United States (1997)
- Tenth Amendment and Brady Handgun Violence Prevention Act of 1993
- United States v. Lopez (1995)
- Commerce Clause and the Gun-Free Zones Act of 1990
- United States v. Morrison (2000)
- Commerce Clause and the Violence against Women Act of 1994
- Kimel v. Florida Board of Regents (2000)
- Eleventh Amendment and federal age-discrimination law