These notes are from Chapter 3 of The American Democracy by Thomas E Patterson and lecture notes Chapter 3 Federalism Forging a Nation Federal system constitutional authority is divided between a national government and state government protect liberty and moderate the power of government Federalism a governmental system in which authority is divided between two sovereign levels of government national and regional Sovereignty the supreme or ultimate authority to govern within a certain geographical area Sovereignty final authority Unitary System A governmental system in which the national government alone has sovereign ultimate authority Confederacy a governmental system in which sovereignty is vested entirely in subnational state governments National Powers Concurrent Powers State Powers Division of responsibility National Defense Lend Borrow money Charter Local Governments Currency Taxation Education Post Office Law Enforcement Public Safety Foreign Affairs Charter Banks Registration and Voting Interstate Commerce Transportation Intrastate Commerce Articles of Confederation caused a weak government public disorder economic chaos and an inadequate defense Enumerated expressed powers the seventeen powers granted to the national government under Article 1 Section 8 of the Constitution These powers include taxation and the regulation of commerce as well as the authority to provide for the national defense Supremacy Clause Article VI of the Constitution which makes national law supreme over state law when the national government is acting within its constitutional limits Necessary and proper elastic Clause the authority granted Congress in Article 1 Section 8 of the Constitution to make all laws which shall be necessary and proper for the implementation of its enumerated powers Implied Powers the federal government s constitutional authority through the necessary and proper clause to take action that is not expressly authorized by the Constitution but that supports actions that are so authorized Reserved powers the powers granted to the states under the Tenth Amendment to the Constitution Interstate Commerce national government is empowered to regulate Intrastate Commerce reserved for regulation by the states Nationalization the process by which national authority has increased over the course of US history as a result primarily of economic change but also of political action Civil War state rights vs federal rights Why did the Framers create Federalism commerce Needed to preserve states What makes Federalism unique Weaknesses of national government under Articles of Confederation taxation and Sovereignty Unitary System and Confederacy Division of Responsibility National powers state powers concurrent powers The Federalist Papers written by James Madison and Alexander Hamilton during the constitution ratification debate Federalist Paper No 10 existence of opinions w o majority taking over minority factions Why Federalism Protect liberty Moderate power of government Federalist Paper No 51 National Government Enumerated and Implied Powers Enumerated Powers expressed o Supremacy Clause Implied Powers o Necessary and Proper elastic clause State Governments reserved powers Tenth Amendment Federalism in History 3 eras of federalism nationalization First Era 1789 1865 Union s Survival o McCulloch v Maryland 1819 national bank o John C Calhoun doctrine of nullification o Dred Scott v Sanford 1857 Second Era 1865 1937 Dual Federalism o 14th amendment Plessy v Ferguson 1896 o Laissez Faire capitalism o Great Depression Third Era 1937 Present o Expansion Interdependency Cooperative Federalism Government Revenues Fiscal Federalism o Devolution o The 2000s Reagan and New Federalism Republicans Supreme Court Increase in National Authority