Jonah Patel
The US Constitution established a federal democratic republic, a system of dual sovereignty with two levels of government. The national government is responsible for broader governance, while smaller subdivisions, states and cities govern local issues. Both levels have law-making powers and a degree of autonomy. The Constitution outlines the US judicial system, including the Supreme Court, which has discretionary jurisdiction. The federal government is one of limited powers, with the Tenth Amendment stating that powers not delegated to the United States by the Constitution...are reserved to the states respectively, or to the people. Federalism changed after the Civil War, with the Thirteenth Amendment removing states' power to enforce slavery, and the Fourteenth Amendment protecting civil rights.
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What You'll Learn
The Constitution established a federal democratic republic
The US Constitution establishes a system of "dual sovereignty," where states have surrendered many of their powers to the federal government while retaining some sovereignty. This is reflected in the Tenth Amendment, which states, "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 Founding Fathers established three main principles for the government: inherent rights, popular sovereignty, and limited federal power. The purpose of the federal government, as outlined in the Preamble of the Constitution, is to "establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our posterity."
The Constitution outlines the US judicial system, with Article III describing the court system, including the Supreme Court, and the kinds of cases it takes on. Congress can create lower courts and an appeals process and enacts laws defining crimes and punishments. The Constitution grants federal courts criminal and civil contempt powers, and judicial power includes the authority to interpret and apply the law, punish, sentence, and direct future action to resolve conflicts.
Federalism, as outlined in the Constitution, has evolved over time. Initially, it was described as "Enumerated Powers Federalism," with the national government possessing limited and enumerated powers, and states retaining all other powers. After the Civil War, federalism changed with the enactment of the Thirteenth Amendment, which eliminated the power of states to enforce slavery, and the Fourteenth Amendment, which protected civil rights.
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The federal government is one of limited powers
Federalism in the United States is a system of "dual sovereignty", with the Constitution establishing a federal democratic republic. The national government was conceived as one of limited and enumerated powers, with the powers of the states being everything else. This is outlined in the first words of Article I, which created Congress: "All legislative powers herein granted shall be vested in a Congress of the United States". The Tenth Amendment 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 federal government's limited powers are further illustrated by the fact that state power is protected by limiting the ability of the federal government to act. This is in contrast to state legislative powers, which are limited by their own constitutions. The Supreme Court holds discretionary jurisdiction, meaning it does not have to hear every case brought to it. However, federal courts can rule on whether branches of the national government conform to the Constitution, and they have the power to interrupt state court proceedings in certain situations.
The Constitution outlines the US judicial system, with Article III describing the court system, including the Supreme Court. Congress can create lower courts and an appeals process, and enacts laws defining crimes and punishments. The Constitution grants federal courts criminal and civil contempt powers, and judicial power includes that granted by Acts of Congress for rules of law and punishment.
Federalism changed in the wake of the Civil War, with the Thirteenth Amendment eliminating the power of states to enforce slavery. However, Southern states used their police powers to enact Black Codes to oppress freed slaves, leading to the creation of the Fourteenth Amendment to protect civil rights. Federalism also protects individual sovereignty by confining lawmaking to the state and local levels, allowing for more robust protection of liberty.
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Federalism changed after the Civil War
The Civil War (1861–1865) brought about significant changes in the structure of American federalism. The Union victory solidified the federal government's power over the states and ended the debate over states' rights. The Southern states' secession posed a direct challenge to the idea of a federal union, and the repudiation of secession established the permanence of the federal union and the supremacy of the nation-state. The Thirteenth Amendment, enacted by the Republicans in the Thirty-Eighth Congress, eliminated the power of states to enforce slavery within their borders. However, the Southern states quickly used their remaining police powers to enact Black Codes, which aimed to restore slavery in all but name.
In response, the Thirty-Ninth Congress used its Thirteenth Amendment enforcement power to pass the Civil Rights Act of 1866, overriding President Johnson's veto. This act was intended to protect the rights of newly freed slaves. To ensure that these protections were enshrined in the Constitution, the Republicans created the Fourteenth Amendment, which includes three key clauses that limit state power and protect citizens' basic rights. The privileges and immunities clause declares that no state can deny any citizen the privileges and immunities of American citizenship. The due process clause restricts states' abilities to deprive citizens of their legal rights, while the equal protection clause states that all people are entitled to equal protection under the law.
The process of emancipation during the war compelled the national government to assume powers that Americans would not have granted it before. Ensuring freedom in the postwar period required further expansions of federal authority, mainly under new civil rights legislation. The federal government's expanded role during the Civil War, such as organizing state militia units into a national army and coordinating with railroads and military suppliers, contributed to the shift in federalism.
In the twentieth century, the role of the national government continued to expand, particularly in response to industrialization and globalization. The federal government took on a more active economic role as American businesses and states engaged heavily in international trade. The Great Depression, caused by the 1929 stock market crash, led to an even greater expansion of federal power during the presidency of Franklin Roosevelt, who implemented new regulatory measures. Thus, the Civil War and its aftermath marked a turning point in American federalism, shifting power towards the federal government and establishing protections for citizens' rights.
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Federalism avoids a political war
Federalism, as outlined in the US Constitution, is a system that divides power between a national government and individual state governments. This distribution of power helps to avoid a political war by keeping decision-making as local as possible, thereby protecting individual liberty and sovereignty.
When issues are elevated to the national level, it often creates winners and losers, with the latter group having to either live under the winners' regime or leave the country. This dynamic can lead to increased contention, bitterness, and "gridlock", as people fight harder to achieve their desired outcome or block the other side from achieving theirs. Consequently, the more issues that are decided at the national level, the greater the potential for conflict and political warfare.
Federalism, as envisioned by the Founding Fathers, aimed to address this potential source of conflict. By reserving certain powers for the states and limiting the federal government's reach, the Constitution created a system where many issues could be handled at the state or individual level. This approach aligns with the concept of "Enumerated Powers Federalism", where the national government's powers are explicitly defined, and state powers encompass everything else.
The Tenth Amendment reinforces this principle, stating 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." This division of powers allows for a more diverse set of social and economic policies at the state level, providing individuals with choices that better align with their values and preferences.
For example, individuals seeking better job opportunities or a safer environment are free to move to another state, experiencing the tangible benefits of different state policies. This freedom to "vote with their feet" gives individuals greater control over their lives and prevents a "legislative race to the bottom".
By keeping decision-making local and empowering individuals, federalism has contributed to a more prosperous and contented United States, avoiding the political war that could arise from concentrating power at the national level.
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The Constitution outlines the US judicial system
The US Constitution establishes a federal democratic republic, with the purpose of "establish [ing] Justice, insur [ing] domestic Tranquility, provid [ing] for the common defence, promot [ing] the general Welfare, and secur [ing] the Blessings of Liberty" to its people. The Constitution outlines the US judicial system, which is comprised of federal courts and the Supreme Court.
Article III of the Constitution describes the court system, or the judicial branch, including the Supreme Court. It outlines the kinds of cases the court takes as original jurisdiction, with Congress creating lower courts and an appeals process. Congress also enacts laws defining crimes and punishments. The Constitution protects the right to a trial by jury in criminal cases and defines treason. Section 1 vests the judicial power of the US in federal courts, granting them the authority to interpret and apply the law to a specific case, as well as the power to punish, sentence, and direct future action to resolve conflicts.
The Judiciary Act of 1789 further detailed the judicial powers and administration, with the Supreme Court justices riding circuit to hear appeals from district courts. Congress enacted a new system in 1891, where district courts would have original jurisdiction, and intermediate appellate courts (circuit courts) would hear regional appeals before they reached the Supreme Court. The Supreme Court holds discretionary jurisdiction, meaning it can choose which cases to hear.
The US Constitution establishes a system of "dual sovereignty", where states have surrendered many powers to the federal government but have also retained some sovereignty. This is reflected in the Tenth Amendment, which states that "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." State power is protected by limiting the federal government's ability to act. This system of federalism allows for lawmaking to be confined to the state and local levels, protecting individual sovereignty and liberty.
The courts can exercise judicial review over the actions of Congress and the executive branch, ruling on whether they conform to the Constitution. Federal court jurisdiction is rare when a state legislature enacts something under federal jurisdiction, and the Supreme Court decides Constitutional issues of state law on a case-by-case basis.
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Frequently asked questions
Federalism is a system of government in which the same territory is controlled by two levels of government. The national government is responsible for broader governance of larger territorial areas, while smaller subdivisions like states and cities govern issues of local concern.
The US Constitution establishes a system of "dual sovereignty". The States have surrendered many of their powers to the Federal Government but have also retained some sovereignty. The Tenth Amendment 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."
Federalism protects individual sovereignty and liberty by confining lawmaking to the state and local levels. When issues are elevated to the national level, it creates winners and losers, leading to increased contention and bitterness.
The US Constitution outlines the judicial system, with Article III describing the court system (the judicial branch), including the Supreme Court. Federal courts interpret and apply the law, punish and sentence, and resolve conflicts. They also exercise judicial review over the actions of Congress and the executive branch.
