Transcript Document

Federalism: E pluribus unum
Three Forms of CenterSubsovereign Relations
• Unitary
• Federal
• Confederal
Articles vs. Constitution
• Key Federalist critique: center too weak for
law enforcement, defense and for securing
interstate commerce.
• The proposed constitution prompted
widespread debate arguments addressing the
benefits and risks of federalism versus
confederal arrangements. See Federalist and
Anti-Federalist papers.
Division of Powers
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Enumerated
Inherent
Implied
Reserved
Concurrent
Prohibited
Necessary and Proper Clause
To make all Laws which shall be necessary and proper for
carrying into Execution the foregoing Powers, and all other
Powers vested by this Constitution in the Government of
the United States, or in any Department or Officer thereof.
Supremacy Clause and State’s Rights
Article VI, Clause 2:
“This Constitution, and the Laws of the United
States…shall be the supreme Laws of the Land…”
Amendment X:
“The powers not delegated to the United States by
the Constitution, nor prohibited by it to the States,
are reserved to the States respectively, or to the
people.”
The Struggle Over States Rights
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McCulloch v. Maryland (1819)
Gibbons v. Ogden (1824)
Nullification (1828/32)
Civil War (1861-5)
Hammer v. Dagenhart (1918)
United States v. Butler (1936)
New Deal (1941)
Brown v. Board of Education (1954)
United States v. Lopez (1995)
United States v. Morrison (2000)
Models of Federalism
• Dual Federalism
• Cooperative Federalism
• Picket-Fence Federalism
Trend – Increased Federal
Dominance