Federalism & intergovernmental relations

The Constitutional Allocation of Power

Federalism is the division of sovereignty between a national government and constituent state governments, each acting directly on the same citizens. The US Constitution distributes power through three categories. Delegated (enumerated) powers belong to the national government, principally Article I, Section 8—the powers to tax, borrow, regulate interstate and foreign commerce, coin money, declare war, and raise armies. The Necessary and Proper Clause (Art. I, Sec. 8, cl. 18) supplies implied powers to execute the enumerated ones. Reserved powers belong to the states under the Tenth Amendment (1791): "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." Concurrent powers—taxation, lawmaking, courts—are exercised by both.

The Supremacy Clause and McCulloch

When national and state law conflict, Article VI's Supremacy Clause makes the Constitution, federal statutes, and treaties "the supreme Law of the Land." The foundational interpretation came in McCulloch v. Maryland (1819), where Chief Justice John Marshall upheld Congress's power to charter the Second Bank of the United States as a legitimate implied power and struck down Maryland's tax on it, declaring that "the power to tax involves the power to destroy." Marshall read "necessary and proper" expansively—as "appropriate" and "plainly adapted"—laying the doctrinal foundation for national supremacy.

The commerce power is the chief engine of national authority. Gibbons v. Ogden (1824) defined interstate commerce broadly; Wickard v. Filburn (1942) extended it to wheat grown for personal consumption because of aggregate effects on the national market; and Heart of Atlanta Motel v. United States (1964) sustained the Civil Rights Act's public-accommodations provisions on a commerce rationale. Limits reappeared in United States v. Lopez (1995), striking the Gun-Free School Zones Act, and NFIB v. Sebelius (2012), which held the Affordable Care Act's individual mandate could not rest on the commerce power (though it survived as a tax).

Evolving Models of Federalism

Scholars chart federalism's evolution through metaphors. Dual federalism ("layer cake," roughly 1789–1937) treated national and state spheres as distinct, with the Supreme Court policing boundaries. Cooperative federalism ("marble cake"), accelerated by the New Deal and NLRB v. Jones & Laughlin Steel (1937), blended functions through shared programs and grants. Coercive (or fiscal) federalism describes Washington's use of money to direct state policy. A countervailing New Federalism—devolving authority to states—ran through Nixon's revenue sharing, Reagan's block grants, and the 1996 welfare reform (PRWORA), which converted Aid to Families with Dependent Children into the TANF block grant. The Court reinforced state autonomy in Printz v. United States (1997), which barred federal commandeering of state officials, and New York v. United States (1992).

Fiscal Federalism: The Power of the Purse

Because direct regulation of states is constitutionally constrained, Washington governs largely through money. Grants-in-aid are the primary instrument. Categorical grants fund narrowly defined purposes (e.g., highway construction) and carry detailed conditions; block grants (TANF, Community Development Block Grants) give states broad discretion within a policy area. Grants are sometimes distributed by formula and sometimes as competitive project grants.

The spending power lets Congress attach conditions of aid that it could not impose by direct command. South Dakota v. Dole (1987) upheld withholding 5% of federal highway funds from states keeping a drinking age below 21, but set limits: conditions must serve the general welfare, be unambiguous, relate to the federal interest, and not be coercive. NFIB v. Sebelius (2012) found the ACA's threat to revoke all existing Medicaid funds unless states expanded coverage so coercive as to be "a gun to the head," making Medicaid expansion effectively optional. Unfunded mandates—federal requirements without accompanying money—prompted the Unfunded Mandates Reform Act of 1995.

Horizontal Federalism: States to Each Other

Article IV structures relations among states. The Full Faith and Credit Clause (Art. IV, Sec. 1) requires states to honor one another's "public Acts, Records, and judicial Proceedings." The Privileges and Immunities Clause (Art. IV, Sec. 2) bars discrimination against out-of-state citizens in fundamental matters. The Extradition Clause governs return of fugitives. Interstate compacts—such as the Port Authority of New York and New Jersey (1921)—require congressional consent under Article I, Section 10.

Why This Matters for the Exam

The FSOT's US Government component tests federalism as both constitutional doctrine and functioning system. Expect multiple-choice items that ask you to classify a power (delegated, reserved, concurrent) or to match a landmark case to its holding. High-yield retention: the Tenth Amendment text, the Supremacy Clause (Art. VI), and the McCulloch (1819) implied-powers/supremacy pairing. Know the commerce-power arc—Gibbons → Wickard → Lopez/Sebelius—because the FSOT favors questions on how judicial interpretation expanded then trimmed national power.

For fiscal federalism, retain the categorical-vs-block-grant distinction and the Dole four-part conditions test, contrasted with the Sebelius coercion limit. The anti-commandeering line (New York 1992, Printz 1997) is frequently tested as a check on national power. The job-relevant framing: an FSO explains American federalism to foreign interlocutors and must convey why subnational governments (states, counties, cities) hold genuine, court-protected authority over policing, education, and elections—a structural feature, not mere administrative decentralization. Be ready to write an analytical paragraph distinguishing dual from cooperative federalism with dated examples.