Jonah Patel
Federalism is a crucial concept in the US Constitution, though the term is notably absent from the document. The Constitution outlines a federal system of government, which involves sharing power between the national government and state governments. The Constitution supports federalism by enumerating specific powers for the federal government, such as the power to tax and build roads, while reserving other powers for the states, including regulating intrastate commerce. This balance ensures that the federal government has sufficient authority to act on behalf of its citizens, while also maintaining the independence and authority of state governments. However, the Constitution also includes measures that discourage certain aspects of federalism, such as the Supremacy Clause, which establishes the supremacy of federal law over state law in cases of conflict. Additionally, amendments like the Fourteenth Amendment further constrained state governments by forbidding them from violating the fundamental rights of their citizens.
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What You'll Learn
The Supremacy Clause
> "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 theland; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding."
This clause reflects the framers' concern that the states, if left unchecked, would ignore the new national government and encroach upon its powers and authority. The Supremacy Clause was an attempt to protect the federal government from the states and ensure its survival. It establishes that the Constitution, federal laws, and treaties made under the authority of the United States are the supreme law of the land, binding the judges in every state to follow them.
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Enumerated Powers
Federalism is the principle of having different levels of government—national, state, and local—each with constitutionally defined powers. In 1787, 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 Constitution strengthened the national government with powers such as declaring war, making treaties, and regulating interstate trade. The Framers also ensured that the states retained many of their powers under the Articles of Confederation. The exact relationship between the national and state governments was somewhat undetermined, but they expected tensions and cooperation to shape the relations between the different levels of government over time.
The Founders struck this balance by granting the new national government only limited and enumerated powers, leaving the regulation of intrastate commerce to the states. State legislative powers were almost exclusively limited by their own constitutions. Federalism at the Founding can therefore be described as "Enumerated Powers Federalism". The national government was conceived as one of limited and enumerated powers. The powers of the states were simply everything else.
Article I, Section 8 of the Constitution describes specific powers that belong to the federal government. These powers are referred to as enumerated powers. The Tenth Amendment reserves powers to the states, as long as those powers are not delegated to the federal government. The Tenth Amendment of the Bill of Rights provides for a limited national government and preserves the power of the states. It 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 Constitution contains the Supremacy Clause, which reads:
> 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 government laws conflict, federal law supersedes state law.
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Separation of Powers
Federalism is the principle of having different levels of government—national, state, and local—each with constitutionally defined powers. The US Constitution divides power between the federal government and the individual state governments. The Constitution also divides power between the three branches of the national government: the legislative, executive, and judicial branches. This separation of powers is a key feature of federalism, as it limits the power of the federal government and preserves the liberties of the people.
The legislative branch, or Congress, is made up of the Senate and the House of Representatives. The legislative branch has the power to make laws, which are supreme over conflicting state laws. The executive branch, or the President, has powers such as declaring war, making treaties, and regulating interstate trade. The judicial branch, or the Supreme Court, interprets the laws and determines whether they are constitutional.
The Constitution also establishes a system of checks and balances between the three branches of government. For example, the legislative branch can check the power of the executive branch by passing laws that limit the executive's authority. The judicial branch can check the power of the legislative branch by striking down laws that are unconstitutional.
The separation of powers between the branches of the national government is similar to the division of powers between the federal and state governments under federalism. In both cases, the Constitution defines the powers of each level of government and establishes a system of checks and balances to limit power and preserve liberty.
The relationship between the national and state governments has changed over time, with different eras of federalism emerging post-Founding, post-Civil War, post-New Deal, and from the Rehnquist Court to the present. The Constitution has been amended multiple times to alter the balance of power between the federal and state governments, such as the Thirteenth, Fourteenth, and Fifteenth Amendments, which banned slavery within states, defined national citizenship, and protected the right to vote for Black males.
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State Sovereignty
The US Constitution divides the governance process in the United States between the federal and state governments, with each level of government exercising unique powers, as well as concurrent powers. This system of federalism was developed to overcome the challenge of maintaining a republic across a large and diverse nation.
The Constitution strengthened the national government with powers such as declaring war, making treaties, and regulating interstate trade. However, the Framers also ensured that the states retained many of their powers under the Articles of Confederation. The Articles of Confederation, the predecessor to the Constitution, gave most of the power to the states, but it was recognised that a weak federal government presented a flawed form of governance. The Constitution thus 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 reserves powers to the states, as long as those powers are not delegated to the federal government. The Tenth Amendment of the Bill of Rights provides for a limited national government and preserves the power of the states. It 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 powers of the states were simply everything that remained after the enumeration of federal powers. The federal government does not have unlimited authority or power over the states. The states can "check" the national government if it violates its enumerated powers.
The relationship between the national and state governments has changed greatly over the course of American history, with federal-state relations always being contested. Federalism underwent four distinct phases during four different eras in constitutional history: post-Founding, post-Civil War, post-New Deal, and from the Rehnquist Court to today. 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 for black males.
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Civil War Amendments
The Civil War had a profound impact on the federal-state balance in the United States, leading to significant changes in the country's constitutional framework. In the post-Civil War era, federalism underwent a notable transformation, with the national government assuming greater powers and authority.
One of the most significant outcomes of the Civil War was the passage of the Reconstruction Amendments, which included the Thirteenth, Fourteenth, and Fifteenth Amendments. These amendments fundamentally altered the relationship between the federal government and the states, with the federal government taking on a more prominent role.
The Thirteenth Amendment, enacted by the Republicans in the Thirty-Eighth Congress, eliminated the power of states to enforce slavery within their borders, marking a crucial step towards freedom and equality. This amendment stripped away the states' authority to uphold slavery, demonstrating the federal government's commitment to protecting the fundamental rights of its citizens.
The Fourteenth Amendment, proposed in 1866 and ratified in 1868, further extended liberties and rights to formerly enslaved people. This amendment guaranteed citizenship to "all persons born or naturalized in the United States," ensuring that the rights granted by the Bill of Rights applied to all citizens, regardless of race. Additionally, it prevented states from violating the privileges and immunities of their citizens, including the right to due process and equal protection under the law.
The Fifteenth Amendment, meanwhile, guaranteed African Americans the right to vote, marking a significant milestone in the expansion of voting rights. These amendments collectively shifted the balance of power towards the federal government, limiting the states' authority and ensuring the protection of civil rights nationwide.
The Civil War and its aftermath highlighted the need for a strong national government capable of addressing the challenges faced by the country. The federal government's response to the war, including the organization of state militia units into a national army and the establishment of relationships with military suppliers, demonstrated its capacity to lead and coordinate efforts effectively.
In conclusion, the Civil War Amendments played a pivotal role in reshaping American federalism by expanding the powers of the federal government, guaranteeing equal rights for all citizens, and limiting the authority of the states. These amendments served as a foundation for a more unified and equitable nation, setting the stage for further advancements in civil rights and liberties.
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Frequently asked questions
The Constitution supports federalism by outlining a system of shared powers between the national and state governments. The Tenth Amendment 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." This ensures that states retain significant autonomy while also being subject to federal laws and regulations.
Federalism is a fundamental concept in the US Constitution, although the term itself is not explicitly mentioned. The Constitution establishes a system where certain powers are delegated to the federal government, while others are reserved for the states. This balance of powers allows for a strong central government while also recognising state sovereignty and autonomy.
Federalism has evolved through several distinct phases in US history, including post-Founding, post-Civil War, post-New Deal, and the era from the Rehnquist Court to the present. The founding era, or post-Founding, established Enumerated Powers Federalism, where the national government was granted limited powers, and states retained the rest. Over time, federalism has waxed and waned, with shifts in the balance of power between the federal and state governments.
The Supremacy Clause within the Constitution establishes the primacy of federal law over state law. It states that the Constitution, federal laws, and treaties made under the authority of the United States "shall be the supreme law of the land." This means that in any conflict between federal and state laws, the federal law will supersede the state law.
The Fourteenth Amendment, enacted after the Civil War, placed new constraints on state governments to protect the fundamental rights of their citizens. It forbade states from violating the privileges and immunities of citizens, depriving them of life, liberty, or property without due process, and denying equal protection under the law. This amendment empowered Congress to enforce these protections and ensured that states could not infringe upon the rights guaranteed by the Constitution.
