64 PART ONE • THE AMERICAN SYSTEM
chaptersummary
1 There are three basic models for ordering
relations between central governments and local
units: (a) a unitary system (in which ultimate
power is held by the national government), (b) a
confederal system (in which ultimate power is
retained by the states), and (c) a federal system (in
which governmental powers are divided between the
national government and the states).
2 The Constitution expressly grants certain powers
to the national government in Article I, Section 8. In
addition to these enumerated powers, the national
government has implied and inherent powers.
Implied powers are those that are reasonably
necessary to carry out the powers expressly given
to the national government. Inherent powers are
those that the national government holds by virtue
of being a sovereign state with the right to preserve
itself.
3 The Tenth Amendment to the Constitution states
that powers not delegated to the United States by
the Constitution, nor prohibited by it to the states,
are reserved to the states, or to the people. In certain
areas, the Constitution provides for concurrent
powers (such as the power to tax), which are powers
that are held jointly by the national and state
governments. The Constitution also denies certain
powers to both the national government and the
states.
4 The supremacy clause of the Constitution states
that the Constitution, congressional laws, and
national treaties are the supreme law of the land.
States cannot use their reserved or concurrent
powers to override national policies.
5 Chief Justice John Marshall’s expansive
interpretation of the necessary and proper clause ofthe Constitution in McCulloch v. Maryland (1819),
along with his affirmation of the supremacy clause,
enhanced the power of the national government.
Marshall’s broad interpretation of the commerce
clause in Gibbons v. Ogden (1824) further extended
the powers of the national government.
6 The controversy over slavery that led to the
Civil War took the form of a fight over national
government supremacy versus the rights of the
separate states. Since the Civil War, federalism
has evolved through at least two general phases:
dual federalism and cooperative federalism. In
dual federalism, each of the states and the federal
government remain supreme within their own
spheres. The era since the Great Depression
has sometimes been labeled one of cooperative
federalism, in which states and the national
government cooperate in solving complex common
problems.
7 Categorical grants from the federal government
to state governments help finance many projects. By
attaching special conditions to federal grants, the
national government can effect policy changes in
areas typically governed by the states. Block grants
usually have fewer strings attached, thus giving
state and local governments more flexibility in
using the funds. Federal mandates—laws requiring
states to implement certain policies—have generated
controversy.
8 The United States Supreme Court plays a
significant role in determining the line between
state and federal powers. Since the mid-1990s, there
has been a trend on the part of the Court to support
states’ rights. Yet the Court has also issued several
rulings in support of the federal government.block grant 60
categorical grant 59
commerce clause 54
concurrent powers 51
confederal system 46cooperative
federalism 58
devolution 58
dual federalism 57elastic clause, or
necessary and proper
clause 49
enumerated powers 49
federal mandate 61fiscal 60
fiscal federalism 60
police power 50
supremacy clause 51
unitary system 46keyterms
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