Having read the chapter, the students should be able to do each of the following:
Define federalism and describe the bargaining process at the Philadelphia Convention resulting in its inception.
Specify the difference between enumerated, implied, and reserved powers. Explain the purpose underlying this distribution of power.
Distinguish between the "necessary and proper," supremacy, and commerce clauses, explaining how their constitutional interpretations have affected the division of powers in American government.
Outline the different stages in the Supreme Court's interpretation of federalism, referring to its major decisions and their significance.
Describe the fiscal aspects of American federalism and the trends in "devolution" during recent decades.
The foremost characteristic of the American political system is its division of authority between a national government and the states. The first U.S. government, established by the Articles of Confederation, was essentially a loose alliance of states.
In establishing the basis for a more powerful national government, the Framers also made provisions for safeguarding state interests. The result was the creation of a federal system in which sovereignty was vested in both national and state governments. The Framers carefully enumerated the general powers of the national government and granted it implied powers through the necessary and proper clause in Article I. Other powers are reserved to the states by the Tenth Amendment.
From 1789 to 1865, the nation's survival was at issue. The states found it convenient to argue that their sovereignty took precedence over national authority. In the end, it took the Civil War to cement the idea that the United States was a union of people, not of states. From 1865 to 1937, federalism reflected the doctrine that certain policy areas were the exclusive responsibility of the national government, while others belonged exclusively to the states. This constitutional position enabled the South to discriminate against African Americans and promoted the laissez-faire doctrine that big business was largely beyond governmental control. Federalism, as we perceive it today, began to emerge in the late 1930s during the presidency of Franklin D. Roosevelt.
In the areas of commerce, taxation, spending, civil rights, and civil liberties, among others, the federal government now has a very large role, one that is the inevitable consequence of the increasing complexity of American society and the interdependence of its people. National, state, and local officials now work closely together to solve policy problems, a situation that is commonly described as cooperative federalism. Grants-in-aid from Washington, D.C. to the states and localities have been the chief instrument of national influence. States and localities have received billions in federal assistance; in accepting that money, they have also accepted both federal restrictions on its use and the national policy priorities that underlie the granting of the money.
In recent years, the relationship between the nation and the states has again become a priority issue. During the late twentieth century, power shifted downward to the states. In the new century, however, the federal government has increased its involvement in such traditionally local matters as public education and domestic security. These changes, as has been true throughout U.S. history, have sprung largely from the demands of the American people.
