FEDERALISM Explained [AP Government Review]

Summary

This video from 'Hammers History' delves into the concept of federalism in the US government, clarifying that it's not about the federal government itself but rather the division of power between state and national governments. It explains how federalism ensures a balance of power, with examples like the interstate highway system. The script also touches on the evolution of federalism, from dual federalism to marble cake federalism, and finally to fiscal federalism, where the federal government provides funds to states with certain conditions attached. Key constitutional amendments like the 10th and 14th are highlighted for their role in shaping federalism.

Takeaways

• 😀 Federalism is a fundamental concept in the US government, often misunderstood as referring to the federal government, but actually pertains to the division of power between the national and state governments.
• 🏛️ The framers of the US Constitution chose not to create a unitary government, instead opting for federalism, which divides power between the central government and the states.
• 🤔 Federalism involves a balance of power, with national and state governments having some areas of independence and some areas of shared responsibility, such as the interstate highway system.
• 📜 The Constitution's structure, including the Tenth Amendment and the Full Faith and Credit Clause, reflects the principles of federalism by granting substantial powers to both the national and state governments.
• 📚 The 14th Amendment plays a crucial role in federalism by giving the federal government the power to nullify discriminatory state laws and ensuring equal protection under the law.
• 🚨 The McCulloch v. Maryland case in 1819 was a pivotal moment in the interpretation of federalism, establishing the federal government's authority to establish a National Bank and the supremacy of federal law over state law.
• 🍰 The evolution of federalism has seen different models, including dual federalism (layer-cake model), where national and state governments operate largely independently, and marble cake federalism, where there is more overlap and shared power.
• 💵 Fiscal federalism, which emerged more prominently in the 20th century, involves the federal government providing funds to states with certain conditions attached, thus influencing state policies.
• 🏫 Categorical grants and block grants are examples of how fiscal federalism operates today, with the federal government using financial incentives to shape state policies in areas like education and healthcare.
• 🔄 The dynamic between state sovereignty and national sovereignty is ongoing, with federalism's evolution reflecting the constant negotiation and redefinition of power between different levels of government.

Q & A

What is the main concept of federalism in the context of the US government?

Federalism in the context of the US government refers to the division of power between the national (federal) government and state governments. It is not solely about the federal government but rather the separation of powers under the US constitutional system.

Why might the term 'federalism' be confusing to students of US government?

The term 'federalism' might be confusing because it sounds like it's only about the federal government, but it actually pertains to the distribution of power between the federal and state governments.

How does the Constitution ensure a balance of power between the national and state governments?

The Constitution ensures a balance of power through the principle of federalism, which divides authority between the national and state governments. It grants substantial powers to both levels of government, as seen in the Tenth Amendment and the Full Faith and Credit Clause.

What is the significance of the Tenth Amendment in understanding state power within federalism?

The Tenth Amendment is significant as it reserves powers to the states that are not expressly given to the federal government by the Constitution, thus reinforcing state sovereignty.

Can you explain the concept of 'dual federalism' as mentioned in the script?

Dual federalism, also known as layer-cake federalism, is a model where the national government and state governments operate largely independently with only minimal overlap, like separate layers in a cake.

What is the 'marble cake federalism' and how does it differ from dual federalism?

Marble cake federalism is a model that emerged after the 1930s, particularly with the New Deal, where the federal government became more involved in areas traditionally under state control. It differs from dual federalism by having more intermingling of powers between the federal and state governments, similar to the way flavors blend in a marble cake.

How does the concept of 'fiscal federalism' work in the context of US government?

Fiscal federalism refers to the current model where the federal government provides funds to states for various programs but with attached conditions and requirements, thus influencing state policies and practices.

What is the difference between categorical grants and block grants as described in the script?

Categorical grants are federal funds that must be used for a specific purpose, often with coercive conditions attached. Block grants, on the other hand, provide funds for a broad policy area but allow states more discretion in how to spend the money within that area.

Why did the Supreme Court case McCulloch v. Maryland in 1819 challenge the federalist system?

McCulloch v. Maryland challenged the federalist system by testing the authority of the federal government to establish a national bank, which was seen as an overreach by some states. The Supreme Court upheld the federal government's right to establish the bank, reinforcing the principle of federal supremacy.

How does the 14th Amendment impact the balance of power between state and federal governments?

The 14th Amendment impacts the balance of power by providing the federal government with the authority to nullify discriminatory state laws and ensure equal protection under the law for all citizens, thus strengthening federal power in certain areas.

Outlines

00:00

🏛️ Understanding Federalism in the U.S. Government

This paragraph introduces the concept of federalism, which is often misunderstood as being synonymous with the federal government. The speaker clarifies that federalism is not about the federal government per se but rather about the division of power between the national government and state governments. The Constitution framers chose not to create a unitary government with all power centralized but instead opted for a system where power is shared. This system allows for some independence between national and state governments while also recognizing overlapping areas of concern, such as the interstate highway system. The speaker emphasizes that federalism is fundamental to how the U.S. government operates, with the Tenth Amendment highlighting state sovereignty and the Full Faith and Credit Clause and the 14th Amendment illustrating the balance of power and the federal government's ability to nullify discriminatory state laws.

05:00

📚 Evolution of Federalism in the United States

The second paragraph delves into the historical evolution of federalism. Initially, the U.S. operated under a dual federalism model, where the national and state governments were largely independent, akin to separate layers in a layer cake. This began to change in the 1930s with the implementation of Roosevelt's New Deal, leading to a more hands-on approach by the federal government in areas traditionally under state control, thus moving towards a marble cake federalism. The paragraph also discusses the shift to fiscal federalism, where the federal government provides funds to states with attached conditions, exemplified by the requirement for states to set speed limits in exchange for highway repair funds. The speaker explains the two main types of federal grants: categorical grants, which are tied to specific spending categories and can be coercive, and block grants, which offer more flexibility within a policy area. The evolution of federalism is presented as a dynamic process that has shaped the relationship between the national and state governments over time.

Keywords

💡Federalism

Federalism refers to the division of power between a central government and constituent political units, such as states or provinces, in a sovereign state. In the context of the video, federalism is a fundamental concept that describes how power is shared between the U.S. federal government and state governments. The video emphasizes that federalism is not simply about the federal government but rather the balance and distribution of power. An example from the script is the explanation that the framers of the Constitution chose not to create a unitary government, instead opting for a system where power is divided, reflecting the concept of federalism.

💡Unitary Government

A unitary government is a system where the central government holds all the power and authority, with no significant division of sovereignty between different levels of government. The video contrasts this with federalism, explaining that the U.S. Constitution framers decided against a unitary system in favor of dividing power to prevent the concentration of authority. The script uses the metaphor of a 'power sandwich' to illustrate that federalism involves cutting that power between the central and state governments.

💡Separation of Power

The separation of power is a principle that divides government responsibilities into distinct branches to limit any one branch from exercising the core functions of another. The video discusses how federalism embodies this principle by distributing power between the national and state governments. The script mentions that federalism is essentially about this separation, ensuring that neither level of government becomes too powerful.

💡Tenth Amendment

The Tenth Amendment to the U.S. Constitution is part of the Bill of Rights and states that powers not delegated to the federal government are reserved to the states or the people. The video highlights the Tenth Amendment as a key element of state sovereignty within the federal system, illustrating how it reinforces the concept of federalism by reserving powers to the states that are not explicitly given to the federal government.

💡Full Faith and Credit Clause

The Full Faith and Credit Clause is found in Article IV of the U.S. Constitution and requires each state to recognize the public acts, records, and judicial proceedings of every other state. The video uses the example of driver's licenses being honored across state lines to explain how this clause operates within the framework of federalism, showing that while states maintain certain powers, there is also a necessity for interstate cooperation and recognition.

💡14th Amendment

The 14th Amendment to the U.S. Constitution includes the Equal Protection Clause and was adopted after the Civil War to provide civil rights to all citizens. The video explains that this amendment is significant for federalism because it gives the federal government the power to nullify state laws that are discriminatory, thus balancing state and federal powers and ensuring civil rights are protected uniformly across states.

💡Dual Federalism

Dual federalism is a model where the national and state governments operate independently with minimal overlap. The video describes this historical approach to federalism, often referred to as 'layer-cake federalism,' where each level of government has distinct and separate areas of responsibility, with only minor areas of overlap, such as the shared responsibility for the interstate highway system mentioned in the script.

💡Marble Cake Federalism

Marble cake federalism is a model that emerged after the 1930s, particularly with the implementation of Roosevelt's New Deal. It is characterized by a more integrated relationship between federal and state governments, with the federal government becoming more involved in areas traditionally under state control. The video contrasts this with dual federalism, explaining that in marble cake federalism, there is more 'bleeding' of power across boundaries, with the federal government often providing funding for state programs but with attached conditions.

💡Fiscal Federalism

Fiscal federalism refers to the financial relationship between different levels of government, particularly how the federal government provides funding to state governments with certain conditions attached. The video describes this as the current model of federalism, where the federal government's financial support for state programs comes with strings attached, influencing state policies and actions. An example given is the requirement for states to set speed limits at 55 miles per hour in exchange for federal highway repair funds.

💡Categorical Grants

Categorical grants are a type of financial assistance from the federal government that must be used for a specific purpose. The video explains that these grants can be coercive, as the federal government can attach conditions to the funding that states must meet to receive the grant. This is an example of how fiscal federalism operates, with the federal government using its financial power to influence state actions, as illustrated by the script's mention of the federal government requiring states to set the drinking age to 21 as a condition for highway repair funds.

💡Block Grants

Block grants are a form of financial assistance provided by the federal government to states for a broad purpose, allowing states more flexibility in how they use the funds within a specified policy area. The video contrasts block grants with categorical grants, explaining that while block grants still come with some federal oversight, they give states more discretion in how to allocate the funds. This illustrates a nuanced aspect of fiscal federalism, where the federal government supports state initiatives while still maintaining some level of control over policy outcomes.

Highlights

Federalism is a fundamental concept in the US government, but it's often misunderstood.

The term 'federalism' does not refer to the federal government but to the separation of power.

Power in the US is divided between the national government and state governments.

National and state governments have independent powers but also overlapping areas of concern.

The interstate highway system is an example of shared power between federal and state governments.

The Constitution ensures a separation of power between the national and state governments.

The Tenth Amendment is crucial for understanding state sovereignty.

Article 4 of the Constitution, including the Full Faith and Credit Clause, shifts power towards the central government.

The 14th Amendment gives the federal government power to nullify discriminatory state laws.

Federalism has evolved over US history, with different models such as dual federalism and marble cake federalism.

Dual federalism, or layer-cake federalism, describes a system where national and state governments operate largely independently.

Marble cake federalism, post-1930s, sees the federal government taking a more hands-on approach in areas traditionally under state control.

Fiscal federalism is the current model, where the federal government provides funds to states with attached conditions.

Categorical grants are federal funds tied to specific spending categories with conditions for states.

Block grants offer states more flexibility within a policy area, though still with federal conditions.

Federalism's evolution reflects ongoing debates about the balance of power between national and state governments.

Transcripts

hi and welcome back to hammers history

US government edition now in this video

we're gonna talk about federalism and if

there's one idea that confuses students

of US government more than any other

idea it's this one the thing is it's not

even that it's that hard to understand

it's just that the word federalism is

very confusing but if you confuse the

meaning of federalism you miss out on

one of the most fundamental concepts of

how our government works how about I

split it up real nice for you with some

jelly on the side so what is federalism

and why does it matter well I need to

begin by telling you that federalism is

not what it sounds like it sounds like

we're talking about the federal

government which is to say Big Daddy

government who lives in Washington DC so

when you go to a party and you get into

a conversation you say you're studying

federalism in school which in my opinion

is pretty solid party talk but the other

person is probably thinking is all

you're learning about the president in

the Supreme Court and the Congress which

is to say the federal government but

hear me that is not what we are talking

about when we talk about federalism does

federalism mean we're talking about the

federal government how many ways can I

say no if I were german I'd say nein if

I were South African I'd say me if I

were an ancient Roman I'd say many may

know federalism does not mean we're

talking about the federal government so

what does it mean federalism is pure and

simple about the separation of power

under our particular form of government

it is the people who have the power and

we have consented to giving some of that

power to the governments so if the

framers of the Constitution decided to

take all of that power and jam it into

one power sandwich we'd have what's

called a unitary government there would

be one centralized government with one

ring to rule them all but the framers

did not do that they decided to cut that

sandwich in two and that cutting is

called federalism they gave some power

to the central government and gave some

power to the state's government and

that's all federalism means in our

government power is divided between the

state governments and the national

government so what that means in

practice is that national governments

and state governments are somewhat

independent of one

when it comes to power but there's also

some overlapping areas of concern when

it comes to power

for example the national government is

responsible for foreign policy in the

state government is responsible for

keeping people safe through a police

force and in that way the federal

government and state governments are

largely independent of one another an

example of how these entities share

power is the interstate highway system

on these roads you can travel from state

to state and both the federal government

and state governments share

responsibility for them and I can give

you a thousand other examples but the

main point here is that the Constitution

made sure may be absolute sure that

power was separated between the national

government and the state government so

let's look more closely at how it does

that on an initial reading of the

Constitution it may seem like if there

was a stronger central government at the

expense of state government you might be

convinced of that by article 1 which

gives all the powers that Congress has

and the list is pretty long but when the

Constitution talks about state power the

list is relatively short but the

Constitution actually does grant the

states substantial power for example the

Tenth Amendment is the Haven of state

sovereignty and it reads like this 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 but if we look at article

4 of the Constitution we can see power

shifting more towards the central

government for example we have the Full

Faith and Credit Clause which says that

states must respect the laws of other

states that's pretty nice because it

means that I can get into my car here in

Georgia drive clear across the country

to California and I don't have to stop

at every state and get a new drivers

license because in each state they will

honor my Georgia's driver's license as

valid and another key part of the

Constitution for understanding

federalism is the 14th amendment it

reads this way no State shall make or

enforce any law which shall abridge the

privileges or immunities of citizens of

the United States nor shall any state

deprive any person of life liberty or

property without due process of law nor

deny to any person within its

jurisdiction the equal protection of the

laws now this amendment was passed in

the wake of the Civil War and those

meant to give the federal government

power to nullify discriminatory state

laws for example after the Civil War

southerners were fond of giving literacy

tests meant to bar former slaves from

voting but the 14th amendment can also

work the other way around for example in

2013 the Supreme Court struck down part

of the Voting Rights Act and they

justified this by saying that the

federal government had

place too heavy a burden on the states

okay so that's a brief explanation of

how federalism work and as you can

imagine the line between where state

sovereignty and where national

sovereignty both begin and end has

always been about and so it's helpful to

see how federalism has evolved over the

history of our country so the first real

challenge to our federalist system came

in 1819 in a Supreme Court case called

McCulloch versus Maryland back in those

days Congress established a branch of

the National Bank in the state of

Maryland now in case you forgot your US

history many states in those days

despised the establishment of a National

Bank

so what Maryland decided to do when

Congress put a branch of the National

Bank in their state was to pass a law

that said any bank in that state that

was not chartered by the state of

Maryland was subject to a hefty annual

tax when the federal government told

Maryland to stop it they found

themselves before Chief Justice John

Marshall in the Supreme Court

essentially Marshall ruled that since

the Constitution explicitly gives the

federal government the right to coin and

regulate money it also had the right to

establish a National Bank to handle that

money under the Necessary and Proper

Clause of the Constitution and

furthermore once this ruling was handed

down the Supremacy Clause ensured that

the decision for the federal

government's law would trump that of the

state governments laws now since that

time different models of federalism have

come and gone up till about 1930 which

basically operated under a system called

dual federalism and that just basically

meant that the national government and

the state government operated largely

independently of another with just a

little bit overlap in the middle this is

also known as layer-cake federalism

because when you cut a layer cake you

can see that each layer is its own

distinct and sovereign layer and yes

they both mush together in the middle

with that icing but mainly they are

separate entities and then after the

1930s especially with the implementation

of Roosevelt's New Deal we moved more

into what's called a marble cake

federalism in this kind of federalism

the federal government becomes much more

hands-on in areas which previously were

solely the domain of States so for

example with the rollout of all the New

Deal programs the federal government

provided the money for many of those

programs but the states were responsible

for making things happen it's not nearly

as clean as a layer cake you've got

power bleeding across the boundaries in

both directions since that time

federalism most further evolved into

what we have to

namely fiscal federalism basically what

that means is that today federalism

basically operates in terms of money the

federal government provides huge sums of

money to States for various programs but

with every check they write to the

states there are strings attached and

requirements by which the states must

abide if they want the funds so for

example in the 1970s the federal

government offered money to the states

for highway or repair but in exchange

the states had to agree to set speed

limits on those highways to 55 miles an

hour now let's take a little further

into this idea of fiscal federalism

because you hear about it in the news

all the time even if you don't know

that's what they're talking about today

most of the federal money comes to the

states in two forms categorical grants

and block grants a categorical grant is

federal money that must be attached to a

specific category of spending like a

school lunch program but the tricky

thing about these is that the federal

government can act in coercive ways when

giving out these grants for example

requiring a state to set the drinking

age to 21 before giving it funds for

highway repair but block grants are a

little less heavy-handed the federal

government gives states block grants

that must be used within a specific

policy area like say healthcare and then

lets the state decide how they're going

to spend that money within the bounds of

that area I'm not just trying to throw

vocabulary at you these kinds of grants

actually illustrate how federalism works

today

the reason why the federal government

does this is because normally the states

wouldn't have access to all that extra

money and that's a win for the States

but in putting conditions I'm accepting

that money the national government win

because then it can implement its

national policies which the states

otherwise would not implement and that's

a very good thing so that's how

federalism works and that's why it's

important now I don't know about you but

I'm gonna go find me a cake all right

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