Lecture Notes on Federalism

Introduction

• Overview of federalism and its importance in the American government.
• Recap of previous lecture on the Confederation (Confederal System).

Confederal System

• Definition: A league of independent states with a central government that has limited power.
• Historical context: Fear of tyranny led to the establishment of a weaker government.
• Issues faced: Inflation and collapse of the confederal system, leading to the Constitutional Convention.

Transition to Federalism

• Federalism as a compromise between advocates of states' rights and a strong national government.
• Importance of pragmatism in the founding of the federal system.
• Federalism retains state traditions while establishing a powerful national government.

Reasons for Choosing Federalism

1. Geographical Size
   • The U.S. is one of the largest countries geographically.
   • Isolation of regions necessitated a federal system for effective governance.
2. Benefits of Federalism
   • States as training grounds for national leaders and experimentation for new policies.
   • Examples: Unemployment compensation, air pollution control, same-sex marriage, marijuana regulation.

Arguments Against Federalism

• Criticism of state power impeding national progress.
• Dominance of local factions and impact on minority rights.
• Inequalities between states in areas like education, crime prevention, and safety.
• Calls for increased federal legislation and standards.

Constitutional Basis of Federalism

• The term "federal system" is not explicitly in the Constitution.
• Divided powers:
  • Category 1: Powers given to national government.
  • Category 2: Powers given to states.
  • Category 3: Powers prohibited for any government level (to protect citizens).

Supremacy Clause

• States that national government wins in conflicts with state/local laws.

Powers of the National Government

1. Enumerated Powers
   • Clearly stated powers in Article 1, Section 8. Examples include:
     • Printing money
     • Standards for weights and measures
     • Naturalization laws
     • Admission of new states
     • Regulation of interstate commerce.
2. Implied Powers
   • Based on the Necessary and Proper Clause (Elastic Clause) which allows flexibility.
   • Example: Modernization needs like electric cars and public health.
3. Inherent Powers
   • Powers inherent to sovereign nations.
   • Includes the ability to make treaties, declare war, and acquire territory.

Powers of State Government

• Defined by the Tenth Amendment as reserved powers.
• State powers include:
  • Regulation of commerce within the state
  • State militia
  • Police power for health, safety, and welfare.
• Local governments operate under state law, but states can abolish local governments.

Prohibited Powers

• Powers denied to both national and state governments (e.g., states cannot make treaties).

Concurrent Powers

• Shared powers between state and national governments.
  • Examples include taxation, borrowing funds, and establishing courts.

Conclusion

• Summary of federalism's structure and function in American government.
• Importance of understanding the divisions and interactions between national and state governments.

Closing Remarks

• Encouragement to review material and prepare for the next session.