Question

Describe two paths to federalism?

Answer 1

Dual federalism is based on the relatively optimistic belief that a clear division between federal and state authority can, and does, exist. This theory states that authority between the two levels of U.S. government, national and state, could be treated equally, live together equally, and hold roughly equal authority. After all, the Constitution includes this very clever mechanism: the reserved powers clause, which seems to set a line between the two levels of U.S. government.

Dual federalism has been nicknamed 'layer-cake federalism', since it imagines an obvious separation between state and federal duties. So, for instance, since education isn't mentioned in the Constitution, that will be a state obligation under dual federalism, and the federal government will steer clear.

'But wait,' you might be saying. 'Isn't there a U.S. Department of Education? A federal department? Doesn't that blow the whole 'dual federalism' thing out of the water?'

Answer 2

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