Omar Bennett
Federalism is a key principle in the US Constitution, though the word never appears in the document. It involves sharing power between national and state governments, with each level of government exercising unique powers, as well as shared powers. The US Constitution's federal system was a unique solution to power-sharing between the states and the national government. The Constitution replaced the Articles of Confederation, which was essentially a treaty among sovereign states. The new Constitution strengthened the national government with powers such as declaring war, making treaties, and regulating interstate trade, while also ensuring that states retained many of their powers. The Tenth Amendment further reinforces this principle by stating that powers not delegated to the national government are reserved for the states or the people. Federalism has allowed for the growth of the Constitution by enabling cooperation and conflict within and between levels of government, as well as providing a mechanism for incorporating new policies and programs.
| Characteristics | Values |
|---|---|
| Federalism is the theory of distributing power between national and state governments | The Constitution delegates 27 powers specifically to the federal government |
| The Constitution replaced the Articles of Confederation | The national government was conceived as one of limited and enumerated powers |
| The national government was weak and did not have sufficient powers to govern the nation effectively | The Constitution strengthened the national government with powers such as declaring war, making treaties, and regulating interstate trade |
| The Constitution has many examples of the federalism principle in its organization of United States government | The Tenth Amendment of the Bill of Rights provides for a limited national government and preserving the power of the states |
| The Thirteenth, Fourteenth, and Fifteenth Amendments fundamentally altered the relationship of the federal government to the states by banning slavery within states, defining national citizenship, preventing states from violating rights, and protecting the right to vote of black males | The Fourteenth Amendment placed new federal constraints on all three branches of state governments |
| The Constitution's federal system would create a unique solution to sharing power among the states and the national government | The Commerce Clause is among the most controversial powers of the federal government |
| The Constitutional Convention of 1787 completed its work without including any enumeration of rights | The First Amendment, initially interpreted as limiting only the powers of the national government, is now applied to the states and other subnational governments through a judicially constructed due process |
| Federalism gives the states latitude to experiment with policy areas under the First Amendment | The states play a significant, meaningful, and constitutionally guaranteed role in the intergovernmental policy process |
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What You'll Learn
The Constitution's federal system
The Constitution delegates 27 powers specifically to the federal government, including the power to coin money, regulate commerce, raise and maintain armed forces, and establish a Post Office. The Commerce Clause, which empowers Congress to "regulate commerce among the several states," is among the most controversial. The Constitution also identifies reserved powers for the states, which are not listed specifically but are guaranteed by the Tenth Amendment. These include regulating trade within a state, establishing local governments, and conducting elections.
The relationship between the federal and state governments has evolved over time, with four distinct phases: post-Founding, post-Civil War, post-New Deal, and from the Rehnquist Court to the present. The Thirteenth, Fourteenth, and Fifteenth Amendments fundamentally altered this relationship by banning slavery within states, defining national citizenship, preventing states from violating rights, and protecting the right to vote for black males. The Reconstruction Amendments, including the Fourteenth Amendment, profoundly impacted the federal-state balance by limiting or invalidating state action.
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Enumerated Powers Federalism
Federalism is one of the most important and innovative concepts in the U.S. Constitution, although the word never appears in the document. The principle of federalism is to have different levels of government—national, state, and local—each with constitutionally defined powers.
The U.S. Constitution created a federalist system with power divided between the national government and the states. The national government was conceived as one of limited and enumerated powers. The powers of states were simply everything left over after that enumeration. The Tenth Amendment of the Bill of Rights reinforces this principle: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."
The Constitution replaced the Articles of Confederation, which was essentially a treaty among sovereign states. The new constitution was ratified by the people themselves in state conventions rather than by state legislatures. The Founders provided the national government with powers it lacked under the Articles and ensured it would be able to act on behalf of the citizenry directly. The Constitution strengthened the national government with powers such as declaring war, making treaties, and regulating interstate trade.
The Enumerated Powers of the U.S. Constitution are mostly listed in Article I, Section 8. These include the power to regulate immigration and naturalization, coin money and regulate the currency, establish post offices, and grant patents and copyrights to promote science and the arts. Also listed are the powers of Congress to tax in order to "pay the Debts and provide for the common Defence and general Welfare of the United States," to regulate interstate and foreign commerce, and to declare war and raise and regulate military forces.
The Commerce Clause, which empowers Congress to "regulate commerce... among the several states...," is among the most controversial. "Commerce" can be read restrictively, referring to a distinct category of activities, or broadly, to allow Congress to regulate any activity that affects a national market. The broad interpretation of the Commerce Clause has allowed expanded Congressional power.
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Federalism and the First Amendment
Federalism is the principle of dividing power between different levels of government, such as national, state, and local, each with its own constitutionally defined powers. In the United States, federalism was established at the Constitutional Convention of 1787, replacing the Articles of Confederation, which was seen as a treaty among sovereign states. The Constitution strengthened the national government with powers such as declaring war, making treaties, and regulating interstate trade, while allowing states to retain many of their powers.
The relationship between federalism and the First Amendment is complex and has evolved over time. Initially, the First Amendment was interpreted as limiting the powers of the national government rather than those of the states. This interpretation changed with the Supreme Court ruling in Gitlow v. New York (1925), which began applying the Bill of Rights to states and subnational governments through the Due Process Clause of the Fourteenth Amendment.
Federalism has provided states with the latitude to experiment with policies under the First Amendment, allowing for policy innovation and addressing unique local and regional needs. For example, states have enumerated broader rights to privacy than the national government. Additionally, federalism has influenced the interpretation of national policy authority under the First Amendment, including freedom of speech, religion, press, and assembly.
The invention of First Amendment Federalism is associated with the Republicans' response to the Sedition Act of 1798. Republicans argued that the First Amendment deprived the federal government of any authority to regulate speech or the press, an interpretation that contrasted with the considerable room for state-level regulations of harmful expression. This episode highlighted the dynamic nature of Founding Era constitutionalism and the tension between fixed meaning and constitutional evolution.
The growth of the national government and its bureaucracy over time have led to an expansion of federal power and a shift in federalism. Efforts by courts, such as the Rehnquist Court and the Roberts Court, have aimed to preserve state autonomy and limit federal power through cases involving the Tenth Amendment and state sovereignty. These judicial interpretations of federalism continue to shape the relationship between the national government and the states, influencing the interpretation and application of the First Amendment across different jurisdictions.
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Federalism and the Civil War
Federalism is the principle of having different levels of government—national, state, and local—each with constitutionally defined powers. The US Constitution has many examples of the federalism principle in its organization of the government. The Senate, for instance, represents state interests as senators are elected statewide. The Electoral College also gives states a powerful voice in presidential elections.
The Civil War posed arguably the greatest challenge to the republic and was rooted in questions about the relationship between the national government and the states. The Thirteenth, Fourteenth, and Fifteenth Amendments fundamentally altered this relationship by banning slavery within states, defining national citizenship, preventing states from violating rights, and protecting the right to vote of black males.
The experience of the Civil War compelled citizens to make significant changes to the structure of American federalism. Secession posed a direct challenge to the very idea of a federal union, and its repudiation enshrined the permanence of the union and the supremacy of the nation-state. The process of emancipation during the war forced the national government to assume powers that few Americans would have granted it before the conflict.
The longevity and intensity of the conflict bolstered the national government at the expense of the states. The federal government organized state militia units into a national army, established close relationships with military suppliers, and expanded its authority under new civil rights legislation. The Republicans in the Thirty-Eighth Congress enacted the Thirteenth Amendment, which eliminated the power of states to enforce slavery within their borders. However, Southern states used their police powers to enact Black Codes to oppress the newly freed slaves.
In response, the Republicans in the Thirty-Ninth Congress used their enforcement power to enact the Civil Rights Act of 1866. They also created the Fourteenth Amendment, which forbade states from violating the fundamental rights of their citizens and placed new federal constraints on all three branches of state governments.
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Federalism and the Bill of Rights
Federalism is the theory of distributing power between national and state governments. It is the principle of having different levels of government—national, state, and local—each with constitutionally defined powers. In a large republic, federalism represents a dialogue between national authority and local self-rule in states and communities.
The United States Constitution is a federalist document, with the federal system creating a unique solution to sharing power among the states and the national government. The Constitution replaced the Articles of Confederation, which was essentially a treaty among sovereign states. The Constitution strengthened the national government with powers such as declaring war, making treaties, regulating interstate trade, issuing a central currency, and raising and maintaining armed forces.
The Tenth Amendment of the Bill of Rights, which states that "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people", provides for a limited national government and preserves the power of the states. The Bill of Rights was originally interpreted as limiting only the powers of the national government rather than those of the states. However, following the Civil War, the Reconstruction Amendments, including the Fourteenth Amendment, profoundly impacted the federal-state balance by applying the Bill of Rights to limit or invalidate state action.
The Thirteenth, Fourteenth, and Fifteenth Amendments fundamentally altered the relationship between the federal government and the states by banning slavery within states, defining national citizenship, preventing states from violating rights, and protecting the right to vote of black males. The federal government's power has continued to grow over time, with its bureaucracy vastly increasing its control over the nation in the twentieth and twenty-first centuries.
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Frequently asked questions
Federalism is the theory of distributing power between national and state governments.
There are three levels of government in federalism: national, state, and local.
Federalism is a key component of the US Constitution, which replaced the Articles of Confederation in 1787. Federalism divides the exercise of power between the national and state governments, with each level having unique and shared powers.
Some of the shared powers include the ability to levy taxes, make and enforce laws, and borrow money.
The national government has powers such as declaring war, making treaties, regulating interstate trade, and raising and maintaining armed forces.
