William_T._Bianco,_David_T._Canon]_American_Polit

The evolving concept of federalism 77

There are many examples of the full faith and credit clause and privileges and

immunities clause at work today. If you have a New York driver’s license and are

traveling to California, you do not need to stop at every state line to get a new license;

each state will honor your New York license. Similarly, a legal marriage in one state

(even a same-sex marriage) must be honored by another state. But not all state licenses

are subject to full faith and credit: if you have an open or concealed-carry gun permit

in one state, that does not automatically give you the right to carry a firearm in another

state. Similarly, states do not have to permit nonresidents to vote in state elections, and

public colleges and universities may charge out-of-state residents higher tuition than

in-state residents. Therefore, the privileges and immunities clause cuts both ways

on the question of the balance of power: it allows the states to determine and uphold

their own laws autonomously, but it also emphasizes that national citizenship is more

important than state citizenship.

The evolving concept

of  federalism

The nature of federalism has changed as the size and functions of the national and

state governments have evolved. In the first century of our nation’s history, the national

government played a relatively limited role and the boundaries between the levels

of government were distinct. As the national government took on more power in the

twentieth century, intergovernmental relations became more cooperative and the

boundaries less distinct. Even within this more cooperative framework, federalism

remains a source of conflict within our political system, both because the levels of

government share lawmaking authority and because they may disagree over the

details of government policy.

The Early Years

As the United States gained its footing, clashes between the advocates of state-centered

and nation-centered federalism turned into a partisan struggle. The Federalists—the

party of George Washington, John Adams, and Alexander Hamilton—controlled the

TRACE THE MAJOR

SHIFTS IN STATE AND

FEDERAL GOVERNMENT

POWER OVER TIME

“Why

Should

I Care?”

Why is it important to understand the Constitution’s role in federalism? The

Constitution sets the boundaries for the battles over state and federal power. For

example, no state can decide to print its own currency, and the U.S. government cannot

take over the public schools. But within those broad boundaries, the balance between

national and state power at any given point in history is a political decision, the product

of choices made by elected leaders and the courts. The struggle over sanctuary cities

is a perfect example: the Trump administration wants a more aggressive effort to find

and deport illegal residents, but because these efforts will largely be undertaken by

local police, there is no way under current law for the administration to ensure that its

demands are implemented.

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