Eleanor Finch
Federalism is a key concept in the US Constitution, though the word itself never appears in the document. It refers to the sharing of power between the national government and state governments, with the aim of creating a unified national government with limited powers while preserving a degree of autonomy for state governments. The US Constitution embodies this principle of federalism, which was adopted in response to the weaknesses of America's first system of government, the Articles of Confederation. Federalism has evolved through four distinct phases in US constitutional history, and continues to shape the relationship between federal and state authorities.
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What You'll Learn
Federalism as a solution to the problems with the Articles of Confederation
Federalism is a basic concept embodied in the US Constitution, which refers to the division and sharing of power between the national and state governments. The Constitution was written to address the problems with the Articles of Confederation, which was the first constitution of the new nation.
The Articles of Confederation created a government in which the colonies retained most of the power, with sovereignty residing in the states. The Articles were seen as ineffective and stagnant, with no ability to tax, and no executive or judicial branch. The central government had to request money from the states, and there were no ways to enforce it. This meant that the government could not pay debts, fund the military, or support other essential functions.
The Constitution, on the other hand, significantly increased the power of the federal government and established a unified national government with limited powers. It created a bicameral legislature with an executive, legislative, and judicial branch, ensuring that power was not concentrated in one particular branch. The Constitution also gave the federal government control over interstate commerce and the power to tax individuals, allowing them to raise revenue and support their functions.
The amendment procedures described in the Articles of Confederation were also problematic, as they required unanimous consent from all state legislatures to make any changes. This made it difficult to address the defects of the confederacy and adapt to the needs of a growing and changing nation. The Constitution, however, was created to be a living document that could be amended over time.
In conclusion, federalism, as written into the US Constitution, provided a solution to the problems with the Articles of Confederation by establishing a more balanced and effective system of government, with clear divisions of power and the ability to adapt and change over time.
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The Supremacy Clause and federal law superseding state law
Federalism, as outlined in the US Constitution, refers to the division and sharing of power between the national and state governments. The Framers sought to establish a unified national government with limited powers, while maintaining a sphere of autonomy for state governments to exercise a general police power.
The Supremacy Clause, found in Article VI of the Constitution, establishes federal law as superior to state law. The clause states:
> This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.
This means that when federal and state laws conflict, federal law supersedes state law. The Supremacy Clause was included in the Constitution to address problems with the Articles of Confederation, which lacked a provision declaring federal law's supremacy over state law. As a result, during the Confederation era, federal statutes did not bind state courts unless there was state legislation implementing them.
The Supreme Court has applied the Supremacy Clause throughout US history, including in the 1796 case Ware v. Hylton, where it ruled that a treaty superseded conflicting state law. The Court has also developed the doctrine of field preemption, which holds that some federal legislation implicitly prevents states from adopting laws on the same subject. However, the Court has also embraced dual federalism, which minimises conflict between federal and state authority by keeping their zones of constitutional authority distinct and non-overlapping.
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The role of the Supreme Court in federalism
Federalism is a basic concept embodied in the US Constitution, referring to the division and sharing of power between the national and state governments. The US Supreme Court has played a pivotal role in shaping the balance of federalism since the founding of the republic.
The Supreme Court has frequently invoked certain constitutional provisions when determining that Congress has exceeded its powers and infringed upon state sovereignty. The Court has emphasised the constitutionally mandated division of power between national and state governments, with the underlying goal of protecting individuals. This is achieved by maintaining a unified national government with limited powers, while also ensuring a distinct sphere of autonomy for state governments to exercise a general police power.
The Court's decentralising potential emerged after the Civil War, with restrictive interpretations of the Reconstruction Amendments in the Slaughterhouse Cases (1873) and Civil Rights Cases (1883). The Court has also limited the reach of Congress's authority under the Commerce Clause in cases such as United States v. E. C. Knight Company (1895) and Hammer v. Dagenhart (1918). The Court's federalism agenda has been criticised for prioritising the abstract interests of states over the rights of individuals, by limiting individual lawsuits seeking to remedy a state's violation of federal law.
The Supreme Court has also heard cases addressing Congress's valid abrogation of states' immunity. When state and federal law conflict, the Supremacy Clause dictates that federal law prevails and "preempts" state law. This doctrine of preemption is frequently litigated and often arises when state laws arguably regulate what takes place in other states. The Court has also invoked the "anti-commandeering" doctrine, which states that Congress cannot compel state legislatures to enact specific legislation or conscript state officers to enforce federal laws.
The Supreme Court has, therefore, played a significant role in shaping federalism in the US, interpreting and enforcing the division of powers between the federal and state governments, and resolving conflicts between federal and state laws.
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Federalism as a protector of individual liberty
Federalism, a basic concept embodied in the US Constitution, refers to the division and sharing of power between the national and state governments. The Constitution outlines the specific powers, or enumerated powers, that belong to the federal government, while the Tenth Amendment reserves powers for the states as long as they are not delegated to the federal government. This system of federalism was adopted by the Founding Fathers in response to the weaknesses of America's first system of government, the Articles of Confederation, which left the states sovereign and independent but lacked a central authority to enforce laws or raise taxes.
Federalism serves as a protector of individual liberty in several ways. Firstly, it limits the power of the federal government, ensuring that most of the laws affecting citizens' liberties are made at the state level. This aligns with the intentions of the Founding Fathers, who wanted the federal government to have limited powers, as expressed by James Madison in "The Federalist Papers". By dividing power between different levels of government, federalism prevents the concentration of power in a single branch, making it difficult for any one branch to take control and protecting citizens from tyranny.
Additionally, federalism creates "laboratories of democracy" across the country, allowing states to adopt policies that best fit their unique needs. This flexibility enables states to experiment with different approaches and determine what works best for their populations. For example, a policy effective in a small state like Wyoming may not be as successful in a larger state like California. This aspect of federalism empowers citizens by giving them a more direct influence over policies that impact their daily lives.
Furthermore, federalism assigns political responsibility and establishes distinct lines of political accountability. Citizens have a direct relationship not only with the federal government but also with their state governments. This dual accountability ensures that citizens can hold their government officials accountable and push back when they overstep their powers, as seen in the recent challenges to federal vaccine mandates by several states.
Federalism also played a crucial role in the aftermath of the Civil War, where it was used to eliminate the power of states to enforce slavery within their borders. The Thirteenth and Fourteenth Amendments, enacted by Republicans in Congress, served as a response to the Southern states' attempts to oppress newly freed slaves through the enactment of Black Codes. Federalism thus became a tool to protect the liberties of formerly enslaved individuals and to uphold the principles of equality and freedom.
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The benefits of federalism: laboratories of democracy
Federalism, a basic concept embodied in the US Constitution, refers to the division and sharing of power between the national and state governments. The benefits of federalism are often discussed in terms of the concept of "laboratories of democracy". This phrase was popularized by US Supreme Court Justice Louis Brandeis to describe how "a single courageous state may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country".
The laboratories of democracy concept is based on the idea that the federal system of government allows states to function as laboratories for policy experiments. The Tenth Amendment supports this idea by assigning most day-to-day governance responsibilities, including general police power, to the state and local governments. Because there are 50 semi-autonomous states, different policies can be enacted and tested at the state level without directly affecting the entire country. This allows for a diverse patchwork of state-level government practices to emerge. Successful policies can then be expanded to the national level by acts of Congress. For example, the Massachusetts legislature established a health care reform law in 2006 that became the model for the subsequent Affordable Care Act at the national level in 2010.
The laboratories of democracy concept also emphasizes the importance of state autonomy and limited national power. By denying any one government complete jurisdiction over all the concerns of public life, federalism protects the liberty of individuals from arbitrary power. This allows states to act as social laboratories, where laws and policies are created and tested at the state level, in a manner similar to the scientific method. An example is the legalization of marijuana in Colorado, despite being illegal at the federal level.
However, some scholars argue that the laboratories of democracy concept is a myth, as state governments face numerous impediments to experimentation, including resource scarcity, free rider problems, and misaligned incentives. They argue that the real laboratories of democracy are the coordinated networks of third-party organizations (such as interest groups, activists, and funders) that fuel policy innovation and create incentives for elected officials to support their preferred policies. Despite these criticisms, the idea of laboratories of democracy remains a powerful metaphor in discussions of federalism, conveying a pragmatic spirit that appeals to a nation that values localism and decentralization.
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Frequently asked questions
Federalism is a system of government that divides power between a central, national government and individual state governments.
Federalism was written into the US Constitution to address the weaknesses of the Articles of Confederation, the US's first form of government. Under the Articles of Confederation, the states were sovereign and independent, and Congress was too weak to enforce laws or raise taxes. The Constitution created a stronger central government to oversee national issues while keeping most of the power in the states.
Federalism is written into the US Constitution through the Supremacy Clause, which establishes federal law as superior to state law, and the Tenth Amendment, which reserves powers to the states as long as those powers are not delegated to the federal government. The Constitution also describes specific powers that belong to the federal government, known as enumerated powers.
