HY 357 Lecture Notes - Lecture 6: Cooperative Federalism, Dual Federalism, Layer Cake
6 Jun 2018
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Concepts of Federalism
Federalism is a type of government in which the power is divided between the national
government and other governmental units. It contrasts with a unitary government, in which a
central authority holds the power, and a confederation, in which states, for example, are clearly
dominant.
While the Constitution addressed only the relationship between the federal government and the
states, the American people are under multiple jurisdictions. A person not only pays his or her
federal income tax but also may pay state and city income taxes as well. Property taxes are
collected by counties and are used to provide law enforcement, build new schools, and maintain
local roads.
Throughout the 20th century, the power of the federal government expanded considerably
through legislation and court decisions. While much recent political debate has centered on
returning power to the states, the relationship between the federal government and the states has
been argued over for most of the history of the United States.
The constitutional framework
Although the Constitution sets up a federal system, nowhere does it define what federalism is.
However, the framers of the Constitution were determined to create a strong national government
and address the shortcomings of the Articles of Confederation, which allowed the states too
much power. In terms of the balance of power between the federal government and the states, the
Constitution clearly favors the federal government.
The powers specifically given to the federal government are not as relevant to the expansion of
its authority as the Constitution's more general provisions; that is, Congress is to provide for the
general welfare (preamble) and ". . . make all laws which shall be necessary and proper . . ."
(Article I, Section 8). In the Constitution as ratified, there is no similar broad grant of powers to
the states. It emphasized what states cannot do (Article I, Section 10) and gave them authority in
just a few areas — namely, establishing voter qualifications and setting up the mechanics of
congressional elections. This reduction in power was corrected through the Tenth Amendment,
which reserved to the states or the people all powers either not specifically delegated to the
national government or specifically denied to the states. The language in the general welfare and
elastic clauses and the Tenth Amendment is vague enough to allow widely different
interpretations. Because both federal and state governments can turn to the Constitution for
support, it is not surprising that different concepts of federalism have emerged.
Dual federalism
Dual federalism looks at the federal system as a sort of "layer cake," with each layer of
government performing the tasks that make the most sense for that level.
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Federalism is a type of government in which the power is divided between the national government and other governmental units. It contrasts with a unitary government, in which a central authority holds the power, and a confederation, in which states, for example, are clearly dominant. While the constitution addressed only the relationship between the federal government and the states, the american people are under multiple jurisdictions. A person not only pays his or her federal income tax but also may pay state and city income taxes as well. Property taxes are collected by counties and are used to provide law enforcement, build new schools, and maintain local roads. Throughout the 20th century, the power of the federal government expanded considerably through legislation and court decisions. While much recent political debate has centered on returning power to the states, the relationship between the federal government and the states has been argued over for most of the history of the united states.
