Dual federalism

* Federalism
* Terms and definitions
* Laws
* Court cases
* Major arguments
* State responses to federal mandates
* State oversight of federal grants
* Federalism by the numbers
* Federalism by the numbers: Federal mandates
* Federalism by the numbers: Federal grants-in-aid
* Federalism by the numbers: Federal information collection requests
* Overview of federal spending during the coronavirus (COVID-19) pandemic
* Index of articles

Federalism

* * *

•Key terms
• Court cases
•Major arguments
• State responses to federal mandates
•State oversight of federal grants
• Federalism by the numbers
• Index

## Contents

* 1 Background
* 2 See also
* 3 External links
* 4 Footnotes

Dual federalism (also known as layer-cake federalism) is a system of governance where the federal government and state governments each have clearly defined spheres of power. Under dual federalist political systems, the federal government cannot interfere with matters delegated to state authority, and states cannot interfere with matters of federal authority.[1]

Dual federalism contrasts with interlocking (cooperative) federalism, also known as marble-cake federalism. Interlocking federalism is a system of governance where federal and state governments share power and collaborate on certain issues.[2]

## Background[edit]

Under the doctrine of dual federalism, which lasted until around the New Deal era, the U.S. Supreme Court treated the federal and state governments as "separate sovereigns, each preeminent in its own fields but lacking authority in the other's."[3]

Political scientist Edward Corwin identified the following four characteristics of dual federalism:[4]

1\. The national government is one of enumerated powers only

2\. The purposes which the national government may constitutionally promote are few

3\. Within their respective spheres the two centers of government are sovereign and hence equal

4\. The relationship between the two centers is one of tension rather than collaboration

## See also[edit]

* Federalism
* Federalist Papers
* Anti-Federalist papers

## External links[edit]

* Search Google News for this topic

## Footnotes[edit]

1. ↑ Center for the Study of Federalism, "Dual Federalism," accessed July 29, 2021
2. ↑ Center for the Study of Federalism, "Cooperative Federalism," accessed July 29, 2021
3. ↑ Legal Information Institute, "Dual Federalism in the 19th and Early 20th Centuries," accessed February 21, 2022
4. ↑ Virginia Law Review, "The Passing of Dual Federalism," 1950

v • e

Federalism

Overviews|

Federalism • Index of articles about federalism • Arguments about federalism • State responses to federal mandates • Terms related to federalism

Terms|

Tenth Amendment to the U.S. Constitution • Supremacy Clause • Commerce Clause • Necessary and Proper Clause • Dual federalism • State sovereignty • Preemption • Unfunded mandates • Incorporation of the Bill of Rights • Sovereign immunity

Court cases|

McCulloch v. Maryland • Gibbons v. Ogden • United States v. Lopez • National Federation of Independent Business (NFIB) v. Sebelius • South Dakota v. Dole • Printz v. United States • Arizona v. United States • Dobbs v. Jackson Women’s Health Organization • Trump v. CASA, Inc. • Marbury et al. v. Madison

Legislation|

Unfunded Mandates Reform Act • Paperwork Reduction Act • Information Quality Act • Affordable Care Act • Every Student Succeeds Act • Gun-Free School Zones Act • Social Security Act of 1935 • National Minimum Drinking Age Act

Federal grant survey|

State survey of the federal grant review process, 2021 • State responses to the federal grant review process survey, 2021 • State responses by question to the federal grant review process survey, 2021

Federalism by the numbers|

Federalism by the numbers • Federal mandates • Federal grants-in-aid • Federal outlays to state government (2000-2019) • Federal information collection requests • Overview of federal spending during the coronavirus (COVID-19) pandemic

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