Eleanor Finch
Federalism is a system of government where power is divided between the national government and state and local governments. It is one of the ways the US Constitution guards against tyranny. The Constitution was established in 1787 in Philadelphia, with fears of tyranny in mind. Tyranny is a situation in which all power is placed in the hands of a single entity, typically in reference to government. The Constitution's architecture splits the federal government into three branches: legislative, executive, and judiciary. This setup prevents any one branch from hoarding power. Each branch of government has distinct powers that allow it to check the others, preventing any single branch from asserting dominance. Federalism also allows states to have individual influence while reflecting the principle of proportional representation.
| Characteristics | Values |
|---|---|
| Federalism | Division of political power into smaller governments where no single institution has excess power |
| Separation of Powers | Legislative, executive, and judiciary powers are divided into three branches of government to prevent any one branch from becoming too dominant |
| Checks and Balances | Each branch of government possesses distinct powers that allow them to check the others, preventing any single branch from asserting dominance |
| Electoral College | A system where both populous and smaller states have a significant voice in presidential elections, ensuring that presidential candidates consider the concerns of less populous states |
| Anti-commandeering doctrine | The federal government may not impose duties on state legislators or executive officials |
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What You'll Learn
Federalism prevents concentration of power in one branch
Federalism, as a system of government, is designed to prevent the concentration of power in any one branch by dividing political power between different layers of government. In the US, federalism takes the form of dual federalism, with power divided between the federal government and state governments.
The US Constitution establishes a federal system that divides power between the national government and the states, with each layer acting as a check on the other. This system ensures that no single institution, branch, or entity wields excessive power. The Constitution further divides the federal government into three branches: the legislative, executive, and judiciary. Each branch has separate and distinct powers that enable them to check and balance the powers of the others.
The legislative branch, or Congress, is responsible for making laws with the Senate and the House of Representatives. The executive branch, led by the President, is responsible for executing these laws. The judiciary, headed by the Supreme Court, interprets and reviews laws. For example, while the President nominates judges, the Senate must confirm these nominations. This division of powers makes it difficult for either the President or Congress to dominate the judiciary.
The US Constitution also establishes a system of checks and balances that prevents any one branch from becoming too powerful. For instance, while Congress controls federal spending and can influence the executive branch through budget allocations, the President can veto disagreeable legislation passed by Congress, sending it back. However, Congress can override the presidential veto with a two-thirds majority in both houses.
Federalism, as a system of government, thus prevents the concentration of power in one branch by dividing and sharing power between different layers and branches of government, and by establishing a system of checks and balances.
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Separation of powers
The United States Constitution is structurally designed to prevent tyranny, and separation of powers is its central structural feature. The separation of powers divides the power of the government into three branches: the legislative, the executive, and the judiciary. This division of power is necessary because human beings are imperfect, and a well-structured government is required to prevent tyranny.
The legislative, executive, and judicial branches of the government rule out any chance of tyranny by preventing any one branch from taking control on its own. Each branch has separate powers and checks the other two. For instance, the judiciary gets its powers from the Supreme Court, the Executive has powers within the presidency, and the Legislature gets its power from Congress.
The system of checks and balances, as outlined in the Constitution, ensures that no branch of the government gains more power than the others. This way, the Constitution safeguards against tyranny by ensuring that no single branch or institution has excess power.
The Framers of the Constitution understood that human nature has both noble and base characteristics. The structural separation of powers in the Constitution recognizes this truth and, in preventing tyranny, makes self-government possible. James Madison, in Federalist 51, explained the division of powers between the federal government and the states, stating that "the power surrendered by the people, is first divided between two distinct governments," providing "a double security [that arises] to the rights of the people. The different governments will control each other."
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Checks and balances
Federalism guards against tyranny by sharing power among different layers of government, thereby spreading the balance of power and allowing each layer to act as a check on the others. This is also known as a system of checks and balances, which is a key principle of the US Constitution.
James Madison, in Federalist No. 51, explains and defends the checks and balances system in the Constitution. Madison's political theory demonstrates the influence of Montesquieu's "The Spirit of the Laws" on the Founders. Madison writes:
> "The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny."
Madison also discusses how republican government can serve as a check on the power of factions and the tyranny of the majority. He argues that in a federal republic, all authority is derived from and dependent on society, which will be broken into parts, interests, and classes of citizens, thus protecting the rights of individuals or minorities.
The system of checks and balances in the US Constitution is designed to prevent the consolidation of state authority and safeguard liberty. Each branch of government—the judiciary, executive, and legislature—has separate functions but is also subject to the checks of the other two branches. This prevents any one branch from becoming abusive or encroaching on the liberties of the governed.
In summary, checks and balances are a crucial aspect of federalism, ensuring that power is distributed among different branches of government and preventing any single branch from accumulating too much power, thereby guarding against tyranny.
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Federalism and state powers
Federalism is a system of government where power is divided between the national government and state and local governments. The US Constitution was formed to give more power to the national government while also protecting the rights of the citizens. Federalism was established to ensure that no single institution would have excess power.
The Constitution's architecture splits the federal government into three branches: the legislative, executive, and judiciary. This setup prevents any one branch from hoarding power. The legislative, or Congress, makes laws with the Senate and the House of Representatives. The executive, led by the President, executes these laws. The judiciary, with the Supreme Court at its helm, interprets and reviews laws. For example, the President nominates judges, but the Senate must confirm these nominations. This makes it difficult for either the President or Congress to dominate the judiciary.
Federalism allows states to have individual influence while reflecting the principle of proportional representation. Each state has electors equal to the number of its Senators and Representatives in Congress. This ensures that presidential candidates must consider and address the concerns of less populous states.
The state governments build schools, collect taxes, create local governments, and pass state laws. None of these governments carry all the power and they are required to work together to benefit the citizens of the nation.
Federalism keeps government offices in different geographical parts of the country. It spreads the balance of power and each layer of government acts as a check on the other.
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Federalism and the 2nd Amendment
Federalism, as outlined in the US Constitution, is a system of government that divides power between the national government and local state governments. This division of powers acts as a safeguard against tyranny, ensuring that no single institution holds excessive power. The Constitution also establishes a system of checks and balances, further protecting citizens' rights.
The Second Amendment to the US Constitution states: "A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." This amendment has been the subject of varying interpretations, with two distinctive views emerging. One interpretation emphasises the prefatory clause, focusing on the protection of state militias. In this view, individuals have the right to be part of a state militia, which was a key aspect of early American citizenship. However, the Second Amendment right does not extend beyond these militias.
The other interpretation supports an individual right to bear arms, even outside the context of state militias. Proponents of this view acknowledge that the framers intended to prevent the federal government from disbanding state militias, but they argue that the Second Amendment also codifies a broader right to bear arms. This interpretation allows individuals to possess firearms for self-defence and potentially for hunting.
The US Supreme Court has weighed in on this debate, siding with the individual rights interpretation in District of Columbia v. Heller (2008). Justice Scalia's majority opinion affirmed an "individual citizen's right to self-defence" and the right to keep a handgun for this purpose. The court also clarified that longstanding prohibitions, such as restrictions on gun ownership by felons or in certain locations like schools, do not abridge Second Amendment rights.
The interplay between federalism and the Second Amendment is complex. While federal courts rarely interpreted the Second Amendment throughout much of American history, leaving gun regulations largely to the states, the Supreme Court's rulings in cases like Heller and McDonald v. City of Chicago (2010) have established important precedents. McDonald v. City of Chicago held that if a federal law violates the Second Amendment, a similar state law would violate the due process clause of the Fourteenth Amendment, underscoring the interconnectedness of federal and state gun regulations.
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Frequently asked questions
Federalism is a system of government where power is divided between the national government and state and local governments.
Federalism guards against tyranny by dividing power between different layers of government, preventing any one branch from becoming too powerful.
The US Constitution divides the federal government into three branches: the legislative, the executive, and the judiciary.
Each branch has distinct powers that allow them to check the others. For example, the President wields veto power over Congress, but Congress can override this veto with a two-thirds majority in both houses.
Federalism affects day-to-day life in numerous ways, such as through the funding of roads and highways by the Department of Transportation and the presence of law enforcement at the local, regional, state, and federal levels.
