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Federalism: State
Governments & National
Governments
Federalism
Federalism is a system of government
where sovereignty is constitutionally divided
between a central governing authority and
constituent political units (like states or
provinces), creating a federation.
Proponents often called federalists.
[Historically in the USA] "federalist" used to
describe those who favor a stronger federal
government … with those who generally
favor a confederation, or weaker federal
government and stronger state
governments, being called "anti-
federalists". (Source: Wikipedia)
U.S. Governments
Federal government
State Government- KY
County Government- Montgomery,
Powell
City Government- Jeffersonville, Mt.
Sterling, Stanton, Clay City
Special Tax Districts
School Districts
State Governments
Creation of federal government
Not simply stand alone units
Local Governments
Created by state governments
Again, power vested by state’s… not
independent governments
Independent Action
Powers are ceded by federal and
state governments
Once powers are ceded, there is
some independence of action until
and unless power is removed
Question
George W. Bush is the President of the
United States. Since the United States
allowed the creation of the state of
Kentucky and since the U.S. constitution
says the federal government is the
supreme government in the land, an
advisor tells him he has power to order
the governor of Kentucky to call a
legislative session to discuss passing a law
creating a smoking ban in all state
restaurants. Is the advisor right?
Answer
No. The federal government may or
may not have the power to pass
such a law (it would be doubtful).
Regardless, the Governor can’t be
ordered to call a legislative session
by the President. The President and
Congress could theoretically reorder
our American constitution to allow
this, but this would be the only
conceivable way.
Confederation
States get together for common
purposes and perhaps enable a
central government to exercise some
independent power, but they have
ultimate veto.
Unitary System
Central government has all the
power and can tell its constituent
units what policies to follow
Roots of Federalism
Netherlands, 1579, Treaty of Utrecht
America has long been its greatest
and most active proponent
• Out of Revolutionary war: 13 Separate
“countries”
• Federalism: Compromise between
confederates and unitarians
• Federalism a way of dividing power
Federalism:
Size and National Diversity
Size
Most unitary states are small.
Federalism allows strong
governments across many miles
National Diversity
Differing parts of America have
different needs, economies, ethnic
backgrounds.
Size is a factor here as well
• A larger country is more likely to be
nationally diverse
Federalism in the U.S. Constitution
Power is expressly given to both the
states and the federal government
States have important, thought
somewhat diminished, role in
choosing Senators and Congressmen
Constitution: Power to
States and Federal
Government
Supremacy Clause gives supreme
power to the U.S. government.
However, the 10th amendmt.
reserves powers for the state not
disposed of in the constitution.
States Powers to Shape Federal
Processes
Senators and Reps elected from
constituent states w/ these states’ rules
and processes
Role for states in the electoral college
Role for states in the amending of the U.S.
constitution
States can’t be eradicated or merged
w/out their consent
Informal political and cultural powers
One power was removed w/ 17th
Amendment
Horizontal Federalism
Relations Among the Varying States
• Regulated by the Constitution
Full Faith and Credit Clause
Privileges and Immunities Clause
Interstate compacts
Evolution of American Federalism
States Strong prior to Civil War
States Extremely weak immediately after
States Stronger after reconstruction ended
Federal government picks up steam in the
progressive era (1900-1918) (16th, 17th, 18th
amendments)
Federal government becomes even more powerful
during New Deal and WW2
Federal government slows pace after New Deal
was implemented but increased with Civil Rights
era
States rallied under Nixon, Reagan and (thanks
largely to the U.S. Supreme Court) Clinton
Under Bush and the War on Terror, Central
government is more powerful
Will the pendulum swing back again?
Nationalists vs. States Rights Advocates