Omar Bennett
Federalism is a system of government in which the same territory is controlled by two levels of government. The US Constitution establishes a federalist system by dividing and sharing power between state governments and the federal government, creating a balance of authority and responsibility. This division of powers is a key feature of federalism, allowing the separate governments to check each other and preventing any one entity from becoming too powerful. The US Constitution does not use the term federalism but provides clear evidence of an intended federalist system through amendments like the Tenth Amendment, which states that powers not delegated to the federal government are reserved for the states.
| Characteristics | Values |
|---|---|
| Division of power | The US Constitution establishes a federalist system by dividing powers between the national government and state governments. |
| Sharing power | The federalist system shares power between state governments and the federal government, allowing for a balance of authority and responsibility. |
| Specific powers | The Constitution gives specific powers to officials in each branch of the national government. |
| Checks and balances | The federalist system creates checks and balances to limit the power of each branch of the federal government. |
| Concurrent powers | Both the federal and state governments can exercise certain powers simultaneously, such as levying taxes, building roads, and creating lower courts. |
| State autonomy | The federalist system allows states to retain substantial powers to promote the health, safety, and welfare of their residents. |
| Policy diversity | Federalism allows for a diversity of policies, reflecting the democratic diversity of the nation. |
| Local accountability | Federalism enables citizens to hold their local governments accountable for their actions or inaction in responding to emergencies, such as the COVID-19 pandemic. |
| State sovereignty | The US Constitution establishes a system of "dual sovereignty," where states have surrendered some powers to the federal government while retaining a level of sovereignty. |
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What You'll Learn
Separation of powers
The US Constitution establishes a federalist system by sharing power between state governments and the federal government, creating a balance of authority. This division of powers is a key feature of federalism, allowing for a system of dual sovereignty, where power is distributed to prevent any one entity from becoming too powerful.
The US Constitution divides the national government into three separate branches, each with its own roles and authorities. This separation of powers designates which branch has the power to act in different areas, creating a system of checks and balances.
The three branches of government are the executive, the legislative, and the judiciary. The Constitution gives specific powers to officials in each branch, allowing them to check the power of the other branches. This limits the power of the federal government while maintaining a distinct sphere of autonomy for state governments to exercise their authority.
The Framers of the Constitution sought to establish a unified national government with limited powers. They recognized the necessity of both levels of government and the importance of state sovereignty. The Tenth Amendment further establishes this division of powers, stating that powers not delegated to the federal government are reserved for the states. This allows states to create and enforce laws within their borders, particularly in areas such as public safety, health, and welfare.
The system of federalism and separation of powers in the US Constitution resulted in a robust government that safeguards the freedoms of its citizens. It allows for a balance of power and authority between the national and state governments, ensuring that neither becomes too strong. This fusion of federalism and separation of powers is a fundamental aspect of the US political system.
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Checks and balances
The US Constitution divides the federal government into three branches: the legislative, executive, and judicial. This separation of powers ensures that no individual or group will have too much power.
The legislative branch makes laws, but the President in the executive branch can veto those laws with a Presidential Veto. The legislative branch makes laws, but the judicial branch can declare those laws unconstitutional. The executive branch, through the Federal agencies, has responsibility for the day-to-day enforcement and administration of Federal laws.
The system of checks and balances in government was developed to ensure that no one branch of government would become too powerful. The framers of the US Constitution built a system that divides power between the three branches of the US government and includes various limits and controls on the powers of each branch.
The legislative branch is made up of Congress (the Senate and House of Representatives) and special agencies and offices that provide support services to Congress. The President is the head of state, leader of the federal government, and Commander-in-Chief of the US Armed Forces. The Vice President supports the President and, in their absence, becomes President. The Vice President also presides over the US Senate and breaks ties in Senate votes.
Congress can impeach both members of the executive and judicial branches. It can also override Presidential vetoes and reject Presidential appointments. The President can veto legislation created by Congress and nominate heads of federal agencies and high court appointees. The Justices of the Supreme Court, nominated by the President and confirmed by the Senate, can overturn unconstitutional laws. The impeachment power gives Congress the authority to root out corruption and abuse of power in the other two branches.
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Dual sovereignty
The United States Constitution establishes a federalist system by sharing power between state governments and the federal government, creating a system of "dual sovereignty". This means that both levels of government have their own responsibilities and authority over certain areas, which helps to balance power and prevent any one entity from becoming too strong.
The Tenth Amendment, for example, states that powers not delegated to the federal government are reserved for the states. This amendment recognises the powers of state governments and establishes a division of authority, with the federal government taking on certain responsibilities while allowing states to retain some sovereignty.
The federalist system allows for concurrent powers, where both the federal and state governments can exercise certain powers simultaneously. For instance, both can levy taxes, build roads, and create lower courts. This system of dual sovereignty gives states the power to shape policies in ways that best serve their communities, allowing citizens to hold their local governments accountable.
The Framers of the Constitution intended to limit federal power and respect state sovereignty, acknowledging the necessity of both levels of government. This fusion of federalism and the separation of powers resulted in a robust government that safeguarded the freedoms of its citizens. By dividing the powers of the government between the national government and the states, the federalist system gives significant power to the state governments, bringing government closer to the people.
The COVID-19 pandemic highlights the relevance of federalism in modern times. States were able to combat the coronavirus as they saw fit, with federalism allowing states to choose their methods of fighting the pandemic.
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State police powers
The US Constitution establishes a federalist system by sharing power between state governments and the federal government. This division of power is a central tenet of federalism, allowing for a balance of authority and responsibility.
The broad nature of state police powers has been affirmed in various court cases. For instance, in T-Mobile, LLC v. City and County of San Francisco, the California Supreme Court recognised the "broad authority" of local police power in determining land use for public health, safety, and welfare, including establishing aesthetic conditions for land use. Similarly, in Thorpe v. Rutland & Burlington Railroad, the Vermont Supreme Court upheld a Vermont statute requiring railroads to fence their lines and maintain cattle guards as a valid exercise of police power.
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Federalism and the COVID-19 pandemic
The US Constitution establishes a federalist system by dividing and sharing power between state governments and the federal government, creating a balance of authority and responsibility. This sharing of power allows for a unified national government with limited powers while maintaining a sphere of autonomy for state governments to exercise their authority. The COVID-19 pandemic has highlighted the impact of federalism on disaster management, healthcare, social welfare, and education. For instance, the Canadian Constitution Foundation's COVID-19 Watch section analysed policy responses by provincial governments and the Canadian government.
The federal response to the pandemic in the US has been described as disjointed and confusing, with the Trump administration's actions leaving many state governors and citizens to address the pandemic's effects in a haphazard manner. This dynamic has been termed "transactional federalism", where relationships are governed by exchanges between the president and states, and among states. The impact of political ideology on pandemic responses has also been observed, with conservatives showing low trust in scientific recommendations and concerns about overreach of authority.
The pandemic has prompted reflections on how legal and political systems, including federalism, have adapted to challenges posed by COVID-19 to democracy, human rights, and the rule of law. Comparative analyses of federal systems during the pandemic, such as the book "Comparative Federalism and Covid-19: Combating the Pandemic", provide insights into how various federal systems responded and the role of federalism in tackling the crisis.
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Frequently asked questions
The US Constitution establishes a federalist system by dividing and sharing power between state governments and the federal government, creating a balance of authority and responsibility.
A federalist system allows individual states to experiment with novel government programs and policies, acting as 'laboratories of democracy'. It also allows citizens to hold their local governments accountable for their actions or inactions.
A federalist system can be problematic when one level of government acts in excess of its lawful powers, threatening individual liberty.
