Lesson 1.7 · Unit 1 · CED topic 1.7
Relationship between the states and the national government
The Constitution divides power vertically as well as horizontally. Besides separating the branches, it splits authority between a national government and fifty state governments. This is federalism, and it determines who can tax you, who sets speed limits, who runs schools, and who can arrest you. This lesson sorts the powers into categories and explains how the national government encourages states to follow its policies using money.
Learning objective.
- 1.7.A. Explain how the constitutional allocation of power between the national and state governments affects society.
Essential knowledge.
- 1.7.A.1. Federalism is the system of government in the United States in which power is shared between the national and state governments. The exclusive and concurrent powers of the national and state governments help explain the ongoing debate over the balance of power between the two levels. Federalist No. 39 explains that this division of authority combines national and state features to limit the concentration of power in any one part of the government while also allowing multiple access points for political participation.
- 1.7.A.2. Exclusive power is held by only one level of government and includes enumerated powers that are written in the Constitution, and implied powers that are not specifically written in the Constitution but are inferred from the Necessary and Proper Clause.
- 1.7.A.3. Reserved powers are those not delegated or enumerated to the national government but are reserved to the states, as stated in the Tenth Amendment.
- 1.7.A.4. Concurrent powers are shared between both levels of government such as the power to collect taxes, the power to make and enforce laws and the power to build roads.
- 1.7.A.5. The distribution of power between national and state governments is demonstrated by:
- Revenue sharing (national funding with almost no restrictions to the states on its use and is the least used form of funding)
- Block grants (national funding with minimal restrictions to the states on its use and is preferred by the states)
- Categorical grants (national funding that is restricted to specific categories of expenditures, is preferred by the national government, and is the most commonly used form of funding)
- Mandates (requirements by the national government of the states)
The founders' choice
The Articles of Confederation gave the states too much power and the national government too little. The Constitution aimed for a middle path, which Madison described in Federalist No. 39.
James Madison, Federalist No. 39 (1788).
The proposed Constitution, therefore, is, in strictness, neither a national nor a federal Constitution, but a composition of both.
Sourcing. Madison wrote to answer critics who said the Constitution would destroy the states. His purpose was to show that it is a hybrid. Some features are national, such as a House elected by the people and direct national power over individuals, and some are federal, such as the states' equal voice in the Senate and the need for state ratification. Reading it carefully shows the key point of the CED: the division of authority combines national and state features to limit the concentration of power while creating more places for political participation.
Types of power
| Type | Definition | Examples |
|---|---|---|
| Enumerated (expressed) powers | Powers written in the Constitution for the national government | Coining money, declaring war, regulating interstate commerce, taxing |
| Implied powers | Powers not written out but inferred from the Necessary and Proper Clause | Creating a national bank, a national air-traffic system |
| Reserved powers | Powers not delegated to the national government, kept by the states under the Tenth Amendment | Running schools, licensing professionals, most criminal law |
| Concurrent powers | Powers shared by both levels | Taxing, making and enforcing laws, building roads, borrowing |
Enumerated and implied powers are exclusive to the national government when they limit what states may do. Reserved powers are exclusive to the states. Concurrent powers are held by both.
How money shapes the relationship
The national government has more taxing capacity than the states, and it often shares revenue with them. The way it shares reveals how much control it wants.
- Revenue sharing. National funding with almost no restrictions. It is the least used form.
- Block grants. National funding with minimal restrictions on use, preferred by states because they keep flexibility.
- Categorical grants. National funding restricted to specific categories of expenditure. They are preferred by the national government and are the most commonly used form.
- Mandates. Requirements the national government places on the states, sometimes without full funding.
Categorical grants are the strongest lever, because a state that wants the money has to follow the rules attached to it.
Scenario. A state sets minimum qualifications for public school teachers. Separately, Congress passes a law funding school lunch programs only for schools that meet national nutrition standards.
Question. Describe the type of power shown in each action, and explain how the second action affects state autonomy.
Model. The state's teacher qualifications are an exercise of a reserved power, since education is not given to the national government and falls to the states under the Tenth Amendment. The school lunch law is a categorical grant, national money restricted to a specific purpose. It affects state autonomy because states that want the funding must follow national standards, which gives the national government influence in an area it does not directly control.
Question. Explain how Federalist No. 39 describes the relationship between national and state power.
Model. Madison says the Constitution is "neither a national nor a federal Constitution, but a composition of both." This means some features, such as direct election of the House, are national, while others, such as equal state representation in the Senate and ratification by states, are federal. The division prevents any single level from holding all power, and it creates multiple places for people to participate.
LO 1.7.A asks you to explain how the allocation of power between national and state governments affects society. Be fluent in the four power types and the four forms of funding, including which one national officials prefer (categorical) and which states prefer (block grants). Expect scenario questions that ask you to classify an action.
- What amendment reserves powers to the states?
Show answer
The Tenth Amendment.
- What is an implied power, and where does it come from?
Show answer
A power not written explicitly in the Constitution but inferred from the Necessary and Proper Clause.
- Name two concurrent powers.
Show answer
Any two of: taxing, making and enforcing laws, building roads, borrowing money.
- Which type of national funding to states has the most restrictions?
Show answer
Categorical grants, restricted to specific categories of spending.
- Which form of funding do states generally prefer, and why?
Show answer
Block grants, because they come with minimal restrictions and give states flexibility.
- What does Madison mean by calling the Constitution "a composition of both"?
Show answer
It combines national features and federal (state-based) features, so power is shared and limited.