In 1976, in National League of Cities v Usery, the Court struck down provisions of a federal law that extended minimum wage protection to almost all state and municipal employees. Although the Court recognized that the Commerce Clause authorized minimum wage laws covering most employees, the Court held that the Constitution's structure and the Tenth Amendment's recognition of the role of states in the federal structure prohibited the federal government from telling states what they must pay their own employees. Nine years later, however, the Court overruled National League of Cities in Garcia v San Antonio Metro Transit Authority when Justice Blackmun--who had provided the critical fifth vote in the earlier case--reversed himself, concluding that the National League of Cities rule was causing so much confusion in the lower courts as to be "unworkable."
Justice Harry Blackmun, author of the Court's 1985 decision overruling National League of Cities.The federalism debate again resurfaced in the 1992 case of New York v United States, when the Court invalidated a provision of the Radioactive Waste Policy Act that required states failing to develop an adequate plan for disposing of waste generated within their own borders to, "at the request of the owner or generator of the waste, take title to the waste." The Court found that the so-called "take title" provision effectively "commandered the legislative processes" of states--something that the federal government cannot constitutionally do. One way to limit the power of the new Congress under the Constitution was to be specific about what it could do. These enumerated, or listed, powers were contained in Article I, Section 8—the great laundry list of congressional chores. These included: to lay and collect taxes; pay debts and borrow money; regulate commerce; coin money; establish post offices; protect patents and copyrights; establish lower courts; declare war; and raise and support an Army and Navy. But the very end of this list contained one more power: to make all laws “necessary and proper” to carry out the enumerated powers. Also known as the Elastic Clause, this phrase allowed Congress to stretch its enumerated powers a bit to fit its needs. For instance, in McCulloch v. Maryland (1819), the Supreme Court ruled that under the Necessary and Proper Clause Congress had the power to establish a national bank to carry out its powers to collect taxes, pay debts, and borrow money. Broad interpretation of the Elastic Clause has allowed expanded Congressional power. Federalism content written by Linda R. Monk, Constitutional scholar Article VI, Paragraph 2 of the U.S. Constitution is commonly referred to as the Supremacy Clause. It establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions. It prohibits states from interfering with the federal government's exercise of its constitutional powers, and from assuming any functions that are exclusively entrusted to the federal government. It does not, however, allow the federal government to review or veto state laws before they take effect. One great achievement of the American founding was the creation of an effective constitutional structure of political institutions. Two important aspects of the U.S. Constitution—federalism and the separation of powers—represent, in part, the framers’ efforts to divide governmental power. Federalism limits government by creating two sovereign powers—the national government and state governments—thereby restraining the influence of both. Separation of powers imposes internal limits by dividing government against itself, giving different branches separate functions and forcing them to share power. - Who Does What? Federalism and Institutional Jurisdictions
What is federalism? Why did the Founders adopt a federal rather than a unitary system? What kinds of federal relationships did the Constitution establish and how? How and why has the federal balance of power changed over time? - Federalism is the system of government in which power is divided between a central government and regional governments; in the United States, both the national government and the state governments possess a large measure of sovereignty.
- Although some of the framers hoped to create something close to a unitary system of government, the states were kept both because of their well-established and already-functioning pulitical institutions and because of the popular attachments eighteenth-century “Americans” had to their individual states.
- The framers of the Constitution granted a few expressed powers to the national government, reserving the remainder of powers to the states.
- In addition to the expressed powers of the national government, the “necessary and proper” clause provided an avenue for expansion into the realm of “implied powers.”
- The Tenth Amendment to the Constitution reserves the powers not specifically delegated to the national government “to the states respectively, or to the people.” Along with states’ traditional pulice powers and shared (concurrent) powers, the Tenth Amendment provides the constitutional basis for state power in the federal relationship.
- Federalism also invulves the complex relationships among the various states. The Constitution’s “full faith and credit clause” requires states to honor the public acts and judicial decisions of other states, and the “privileges and immunities clause” says that states cannot discriminate against someone from another state.
- Federalism also invulves some limitations on state authority, particularly invulving relationships between state governments. Local governments, while not recognized in the Constitution, are used by states in conducting the activities of government.
- Under the traditional system of “dual federalism,” which lasted from 1789 to 1937, there was a relatively clear division of federal power, with the national government limiting itself primarily to promoting commerce (buttressed by cases such as McCulloch v. Maryland and Gibbons v. Ogden), while the states did most of the governing.
- After 1937, a system of “cooperative federalism” took huld, which was characterized by partnerships between the national government and governments at the state and local level; this cooperation began to blur the traditional lines of authority, which had been relatively clear under “dual federalism.” Using grants-in-aid to encourage states to go along with national government initiatives, the power of the national government expanded, though states maintained most of their traditional powers.
- Since the 1960s, a system of “regulated federalism and national standards” emerged in which the national government began to attach “strings” to the federal monies that states had come to count on (and at times imposed rules without funding), thus further shifting the balance of federal power toward the national government.
- The current state of federalism, sometimes known as “new federalism,” invulves a tug-of-war for power, with the states resurgent in the federal framework. Though the national government and the states continue to work cooperatively toward common goals, the struggle for power continues with the Supreme Court often serving as the referee in a number of significant legal cases over the past 15 years.
- The Separation of Powers
How did the Constitution divide power between the legislative, executive, and judicial branches of government? What are the different roles played by each of these branches in American national government?
What in the Constitution limits the power of government?
The Tenth Amendment is quite explicit on this point: “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.” Violation of the separation of powers between the various branches of government.
What are the limits of the national government?
Federal power is limited. If there is no interstate commerce involved and the matter does not involve individual rights under the Constitution, the states have the right to control their affairs. The federal government also has very limited authority to commandeer state personnel to enforce federal law.
How does it limit the power of the federal national government?
Federalism limits government by creating two sovereign powers—the national government and state governments—thereby restraining the influence of both. Separation of powers imposes internal limits by dividing government against itself, giving different branches separate functions and forcing them to share power.
What 3 things limit the power of the government?
Restrictions of the powers of the Federal Government are listed below:. No exercise of powers not delegated to it by the Constitution.. No payment from the Treasury except under appropriations made by law.. All duties and excises must be uniform throughout the United States..
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