s e t a t s e h t y b d e n i a t
. s w a l l a n i m Constitution. The national government is required to provide a
participatory, democratic government; preserve the territorial
integrity of the states; and provide protection and assistance in
times of domestic upheaval.
◦ B. Horizontal federalism is a concept founded on the "full faith and
credit" clause of the U.S. Constitution. It describes the
relationship between states, as opposed to the relationship
between a state and the national government.
• B. National Gains
• 1. Constitutional Amendment. Over the past 200 years, the balance of power
has shifted significantly to the national government at the expense of
the states. While amendments to the U.S. Constitution have played a
role in this power shift, other factors have also had an impact.
An amendment is a modification of the constitution or a law.
Modification may be either formal (written) or informal (unwritten).
• 2. The Bill of Rights, i.e., the first ten amendments, limits the national
government while state constitutional amendments are designed to
restrict state again. The 14th Amendment further restricts state again
by incorporating selective provisions of the Bill of Rights.
• 3. Over the last 200 years, the national government has gained power. The
national government has gained greater control over the states through
its taxing and spending policies. As of January 1, 2011, the total U.S.
federal debt held by the public was roughly $15.1 trillion.
4. As a result of federal laws and the 14th Amendment, federal courts
have exercised jurisdiction over areas once completely under state
control. Example: prison reform.
5. Under the concept of federalism, the United States Constitution
limits both national and state governments.
5. "New Federalism," the effort to restore to state governments the
responsibility for making and implementing policies, furthered the
concept of devolution. Devolution: the transfer of programs from
national to state levels, often with national oversight.
6. States have shown increasing frustration with the national
government over the issuance of mandates. Mandates are regulations
set by Congress that state and local government must meet, subject
to the Unfunded Mandates Act. Congress often passes regulations that
set standards for state conduct.
III. Limitations on State Authority, i.e., the Supremacy Clause
• A. Article VI of the U.S. Constitution makes it clear that whenever state
and federal laws conflict, the federal law is supreme.
• B. Supremacy Clause (natio