Federalism
Analyze enumerated, reserved, concurrent, and implied powers, plus grants, mandates, block grants, and Supreme Court federalism cases.
A lesson of AP United States Government and Politics, in Constitutional Foundations, about 10 minutes.
By the end of this lesson, you will be able to define federalism, distinguish types of federal power, explain how federalism has evolved, and evaluate its advantages and disadvantages.
What Is Federalism?
Federalism is the division of power between a national government and state governments, both of which have direct authority over citizens.
Why federalism? The Founders rejected both a unitary government (too centralized — the British model they rejected) and a confederation (too weak — the Articles of Confederation had failed).
The Founders' solution: a "compound republic" — the Supremacy Clause makes federal law supreme, but states retain substantial power.
Types of Governmental Powers
Expressed (enumerated) powers: explicitly listed in Article I, Section 8 (Congress) or Article II (President). Examples: coin money, regulate interstate commerce, declare war.
Implied powers: not explicitly listed but inferred from the Necessary and Proper Clause ("elastic clause"): Congress can make laws "necessary and proper" to carry out enumerated powers. Basis for most federal legislation.
Reserved powers (10th Amendment): "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." Police powers (health, safety, education), most criminal law, family law.
Concurrent powers: shared by federal and state governments. Taxing, borrowing money, enforcing laws.
Denied powers: the Constitution explicitly prohibits certain actions (e.g., states cannot coin money, make treaties, or pass ex post facto laws; Congress cannot pass bills of attainder).
The Evolution of Federalism
Dual federalism ("layer cake," 1790s–1930s): clear, distinct spheres for national and state governments. States handled most domestic policy. The federal government stayed in its lane.
Cooperative federalism ("marble cake," 1930s–1960s): New Deal era; federal programs required state cooperation; shared funding and administration. The boundaries blurred.
Creative federalism (1960s–1970s): Great Society programs; federal government set conditions on grants to states; used categorical grants to drive policy.