Week 5 Lecture: Federalism and the Federal System of Government
Introduction
- Focus on federalism and the federal system of government.
- Key topics covered:
- Founders’ definition and intent of federalism.
- Government structure: horizontal and vertical power distribution.
- Judicial review’s impact on federalism.
Definition of Federalism
- Federalism: Division of political authority between federal and state governments.
- Noah Webster: States must reserve certain powers to maintain union.
- State responsibilities: Registering births, deaths, marriages, probate, licensing, etc.
- Federal Constitution guarantees state sovereignty and republican form.
- Hamilton in Federalist 9: Constitution strengthens state role in national sovereignty.
Horizontal Distribution of Power
- Separation of Powers: Divides government authority into legislative, executive, judicial branches.
- Legislative Branch:
- Bicameral (House and Senate) to prevent domination.
- Representative government and enumerated powers.
- Necessary and Proper Clause supports execution of powers.
- Executive Branch:
- President enforces federal law, commander in chief, grants pardons.
- Judicial Branch:
- Supreme Court and inferior courts established under Judiciary Act of 1789.
- Judicial review allows courts to invalidate unconstitutional actions.
Checks and Balances
- Each branch can counteract others to prevent dominance.
- Examples:
- Presidential veto, which Congress can override with a two-thirds vote.
- Congress declares war; President executes it.
Vertical Distribution of Power: Federalism
- Federalism divides authority between federal and state governments.
- Respects state sovereignty and subsidiarity.
- Unitary Government: Centralized power in national government.
- Confederation: Loose association of nearly independent states.
Constitution and Federalism
- Article 1, Section 10: States' restrictions and permissions with Congress’s consent.
- Full Faith and Credit Clause: States recognize others' official acts.
- Privileges and Immunities Clause: Citizens have equal rights in all states.
- Guarantee Clause: Ensures republican government and protection against invasion.
Supremacy Clause
- U.S. Constitution and federal laws are supreme.
- Preemption doctrine: Federal law supersedes state law.
- Hamilton's defense: Supremacy ensures effective federal government.
Amendments Affecting Federalism
- Ninth Amendment: People retain rights not enumerated in the Constitution.
- Tenth Amendment: Powers not delegated to federal are reserved for states or people.
Judicial Review and Federalism
- McCulloch v. Maryland: Affirmed federal supremacy over state actions.
- Wickard v. Filburn: Expanded commerce clause power and congressional authority.
- United States v. Lopez: Limited commerce power to activities affecting interstate commerce.
- Printz v. United States: Federal government cannot compel states to enforce federal regulations.
Conclusion
- Discussion on federalism concluded.
- Reach out for questions via email or office hours.
Feel free to review these notes to better understand the principles and nuances of federalism as discussed in the lecture.