Federalism

As discussed yesterday the Constitution created at the Second
Constitutional Convention was built in the spirit of compromise.
Today we examine another balancing act, the balance of powers between
the state and federal government.

I. The Delegates Create a Federal Government

A. Federalism

1. A system of government that creates a central
government and local state governments.

2. The powers of the national and state governments are divided
and balanced.

 B. How did the Federalist and Anti Federalists differ in
their opinions?

1. Federalists – James Madison, Alexander
Hamilton, John Jay. Favored ratification of constitution, wanted
strong but balanced federal govt.

2. Anti-federalists – Patrick Henry and Sam Adams, Thomas
Jefferson. Feared strong central govt. Supported states rights. Proof
was lack of Bill of Rights.

3. Federalists won but had to promise a Bill of rights would be
their first order of business.

C. What are the powers designated to the Federal Government,

reserved for the state governments and shared (concurrent) by both?

 1. Powers of the Federal Government –
Delegated Powers

• The federal government possesses all those powers that are
  delegated to it by the Constitution either expressly or by
  implication. These powers are enumerated principally as powers of
  Congress in Article I, Section 8. Included among these are the
  power to tax, borrow and coin money, maintain armies and navies,
  conduct foreign relations, and regulate interstate and foreign
  commerce. After the enumeration of powers in Article I, Section 8,
  the Constitution grants Congress further authority to “make all
  laws which shall be necessary and proper for carrying into
  execution the foregoing powers and all other powers vested by the
  Constitution in the government of the United States, or in any
  department or officer thereof.” This general grant of implied
  powers in the “elastic” or “necessary and proper” clause of the
  Constitution has raised numerous questions as to the actual scope
  of national authority. In many instances, such questions have
  been resolved by the Supreme Court.

• Despite the fact that the states are supreme in their sphere
  of activities, the federal Constitution and national laws
  constitute the supreme law of the land when conflicts arise from
  attempts of both jurisdictions to govern the same subject matter.
  The supremacy of national authority is indicated by Article VI,
  clause 2, of the Constitution, which provides as follows:

• This Constitution, and the laws of the United States which
  shall be made in pursuance thereof; and all treaties made, or
  which shall be made, under the authority of the United States,
  shall be the supreme law of the land; and the judges in every
  state shall be bound thereby, any thing in the Constitution or
  laws of any state to the contrary notwithstanding.

 
2. The Powers of the States – Reserved Powers
• The Tenth Amendment indicates that state governments
  possess those powers that are not given to the national
  government or prohibited to the states. Among others, the
  states have the power to establish schools and supervise
  education, regulate intrastate commerce, conduct elections,
  establish local government units, and borrow money. In
  addition, a broad and generally undefined “police power”
  enables the states to take action to protect and promote the
  health, safety, morals, and general welfare of their
  inhabitants. The states also exercise powers relating to
  wills and domestic relations.

3. Powers shared by both – Concurrent Powers

• Concurrent powers include the power to tax and borrow
  money, to take property for public purposes, to enact
  bankruptcy laws, and to establish laws and courts.