US Federalism

• Federal Government Powers

  • Declare war
  • Make treaties
  • Coin money
  • Establish military
  • Make all laws 'necessary and proper'
  • Regulate interstate and foreign commerce
• State Powers

  • Establish local government
  • Regulate elections
  • Maintain a militia
  • Assume powers not listed in the constitution e.g. regulating schools
• Concurrent Powers

  • Levy taxes
  • Make amendments
  • Establish courts
• Dual Federalism (1790s to 1930s)


  States and federal gov are coequal and had distinct areas of policy that they had power in. States did most of the governing
• Marble Cake Federalism (1930s to 1960s)

  Cooperative federalism. Federal power was seen as supreme to the states and there was greater cooperation over policies that had been traditionally sorted by the states. Federal governments power expanded after Wall Street crash, WWII and the cold war
• New Federalism (1970s to 2000s)


  After Nixon called for 'New Federalism' republican presidents and Clinton rolled back power and returned it to the states
• Federalism under Obama (Developing state power)

  - ACA included power over provision of medical insurance already run by states

  - Texas v US (2016) the sc struck down DAPA executive order due to its cost to the states.

  - Gave states jurisdiction over over cannabis
• Federalism under Obama (Developing federal power)

  - Arizona v US (2012) an Arizonan law which increased state law enforcement power over immigration laws was overturned

  - Obegefell v Hodges (2015) made gay marriage legal in all states against 13 states wishes
• Federalism under Trump (Developing state power)

  - Carpenter v US (2018) the sc found federal government must obtain a warrant to obtain phone location records
• Federalism under Trump (Developing federal power)

  - Executive order stripping federal grants away from 'sanctuary cities' (later found unconstitutional)
• Ways States Retain Sovereignty

  • Citizen's rights: states have individual rules on certain rights. E.g. abortion illegal in 13 states
  • Criminal punishment: 23 states allow for the death penalty with 5 different methods
  • Electoral regulation: article 1 allows states to run their own elections
  • Taxes: income varies from 0% to 13% (California)
• Ways State's Sovereignty is Challenged

  • Citizen's rights: certain rights have been dictated by the government e.g. gay rights
  • Criminal punishment: the sc has put restrictions on the death penalty e.g. Kennedy v Louisiana (2008), Panetti v Quarterman (2007) and Roper v Simmons (2005) all limit it
  • Electoral regulation: numerous federal laws have extended voting rights at national levels e.g. extending franchise, lowering age
  • Taxes: citizens have to pay federal tax and states are reliant on grants from the federal government