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The Federal Government and the States
Although we have learned that the Constitution divides power between national and state governments, Article VI, also known as the Supremacy Clause, in the Constitution makes it clear that when state laws and federal laws conflict, the federal law prevails. In other words, the Constitution of the United States rules supreme over state laws.
Read Supremacy Clause: Article VI, Cluase 2 if you would like to learn more.
Article IV of the Constitution
The Constitution not only divides the power of government as we learned in the last lesson, it also outlines the responsibilities that the national government and the states have for each other. Article IV of the Constitution makes some specific provisions about the relationship between the national government and the states. It requires the national government to do three things for the states: guarantee each state a republican form of government, protect states from invasion and domestic violence, and respect the territorial integrity of each state.
Read Article IV of the Constitution to learn more about what the Constitution provides concerning the states, citizenship, and new states.
Admitting New States
Article IV also provides the groundwork for admitting new states to the United States. Congress has the authority to admit new states with only two restrictions: no state may be formed by taking territory from other states without the consent of Congress and the states involved and acts of admission are subject to a veto by the President.
Read Admission of New States if you would like to learn more.
Interstate Relations
Article IV, Section 1 of the Constitution is referred to as the full faith and credit clause. It states, "Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof." In other words, a state should respect and honor the state laws and court orders of other states even when their own laws are different.
History of the Federal System
Arguments over the division of powers in the federal system have continued throughout American history. It was a primary argument in the Civil War. It dominated the arguments that occurred over the New Deal and is a basis for arguments over such issues as the Affordable Health Care Act and rights of spouses involved in same sex-marriage today. Whether national or state government holds power over an issue is still debated in the United States today as the nation struggles to determine the most effective way to shape and implement public policy. The struggle has often been decided in the Supreme Court with judicial federalism starting with the Marshall Court.
Federal System
The federal system created by the Framers was a compromise between the unitary system the colonists had experienced while under English rule and the confederal system created after the United States gained independence. The collective years the founding fathers served as leaders in their states, leaders in the confederation government, and leaders in the revolution against England allowed them to draw on a wealth of experience in writing a new government. The federal system they created was designed to eliminate the problems of the unitary and confederation governments. Despite its increased size and complexity, it still functions well today.
Read Federalism to learn more about how the system was created.
Four Stages of Federalism
Over time the nature of the relationship between the national and state governments has changed as the country has grown. Changes in federalism are broken down into four stages or periods:
Dual Federalism
Cooperative Federalism
Creative Federalism
New Competitive Federalism
Read Tipping the Scales Toward National Power to learn more.
"Layer Cake" Federalism
National and state governments were equal authorities with their own areas of influence during the first stage of federalism, dual federalism. Also known as "layer cake" federalism, it lasted from 1789 to 1930 and included two sides, the nationalists who favored a strong national government and the supporters of states' rights who believed the national government should not overly interfere in state affairs.
"Marble Cake" Federalism
The second stage, cooperative federalism, occurred between 1930 and 1960. Also known as "Marble cake" federalism, it involved the national and state governments working collaboratively or together on major priorities like the crisis of the Great Depression. President Franklin Roosevelt's New Deal programs brought about an expansion of the national government's authority.
"Picket Fence" Federalism
The third stage, creative federalism, occurred between 1960 and 1980. Also known as "picket fence" federalism, it involved overloaded cooperation and regulations such as releasing national funds or grants to state and local governments to solve problems and achieve goals. Creative federalism was centered in president Lyndon Johnson's Great Society.
"On Your Own" Federalism
In the early 1970s, President Richard Nixon attempted to slow the growth of national government. However, it was President Ronald Reagan's goal to cut the size of government that started the final stage of federalism, new federalism. Also known as "on your own" federalism, its leaders sought to return more authority to the state governments and end the trend of expanding national government.
Federalism Today
The Republican majority in Congress led by Speaker of the House Newt Gingrich continued the effort to return more power to the states in 1994 by implementing the Contract with America. This idea of reducing the authority and size of the federal government became known as "devolution revolution".
Read Federal-State Relations Today: Back to States' Rights? to learn more about federalism today.
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