Federalism in the U.S. is the division of power between the national government and individual state governments.
The national government is referred to as the federal government.
Federalism implies a federation of states.
Within a federal system, certain responsibilities fall under national jurisdiction (e.g., foreign policy, mail), while others are state responsibilities (e.g., licensing).
Some areas, like taxes, are handled by both state and national governments.
Types of Federalism
Dual Federalism
Existed from 1788 to 1937.
Government power was divided strictly between state and national governments, referred to as "layer cake federalism."
National jurisdiction included interstate roads, tariffs, public lands, patents, and currency.
State jurisdiction included property laws, banking, family law, education, etc., known as "police power."
Based on limited government principles.
Cooperative Federalism
Began in the 1930s with the New Deal.
National government encourages states to pursue nationally defined goals through financial incentives.
Grants-in-aid: financial aid from federal to state level.
Categorical Grants: specific purposes, e.g., transportation.
Formula Grants: aid based on a formula (e.g., welfare).
Project Grants: competitive proposals for aid.
Block Grants: large chunks of money for broad purposes like infrastructure.
Known as "marble-cake federalism" due to mixing state and federal roles.
Regulated Federalism
National government sets mandates for states (e.g., EPA regulations).
Unfunded Mandates: regulations without funding for implementation.
Example: OSHA regulations.
UMRA attempted to curb unfunded mandates.
New Federalism
Aimed to give more power to the states (popularized by Nixon & Reagan).
Block Grants: increased state discretion over federal funds.
Devolution: shifting regulatory enforcement to states.
10th Amendment: powers not delegated to the U.S. or prohibited to states are reserved for states or the people.
Modern Federalism
A mix of cooperative and regulated federalism.
Presidents Reagan, G.H.W. Bush, and Clinton supported new federalism.
G.W. Bush leaned towards regulated federalism with increased federal oversight.
Ongoing debate about the size and role of national government.
Conclusion
Dual federalism is unlikely to return as institutions rarely relinquish power.
Federalism remains a complex and evolving system of governance in the U.S.