Eleanor Finch
Federalism is a system of government in which territory is controlled by multiple levels of government, each with its own constitutionally defined powers. The US Constitution, established in 1787, reflects the principles of federalism by dividing power between the national government and state governments, with the national government having limited and enumerated powers. This distribution of power helps to limit the dangers of tyranny and preserve the liberties of the people. The Tenth Amendment is particularly important for securing federalism, as it ensures that states retain all powers not granted to the national government. The US Constitution also contains the Supremacy Clause, which establishes the supremacy of federal law over state law in cases of conflict. The dynamic tension between the national government and the states has resulted in a complex and ever-evolving political system.
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What You'll Learn
The US Constitution's Supremacy Clause
Federalism is a key principle in the US Constitution, dividing the exercise of power between different levels of government: national, state, and local. Each level has defined powers, and federalism ensures cooperation and conflict between these levels.
The Supremacy Clause is a cornerstone of this federal political structure. Established under Article VI, Paragraph 2 of the US Constitution, it asserts that federal law takes precedence over conflicting state laws. This clause enables the federal government to enforce treaties, create a central bank, and enact legislation without interference from the states.
The Supremacy Clause is a direct successor to Article XIII of the Articles of Confederation, which stated that "Every State shall abide by the determination of the [Congress], on all questions which by this confederation are submitted to them." The Supremacy Clause, however, does not grant Congress additional powers. Instead, it clarifies the legal status of the laws that other parts of the Constitution empower Congress to make, as well as the legal status of treaties and the Constitution itself.
The core message of the Supremacy Clause is that the Constitution and specific types of federal laws take priority over conflicting state laws. This is based on the underlying priority of federal authority, as expressed in the Constitution. The Supremacy Clause does not, however, allow the federal government to review or veto state laws before they take effect. It also does not enable the federal government to interfere with state laws in areas traditionally regulated by the states, unless Congress's intent to do so is clear.
The Supremacy Clause has been interpreted by the Supreme Court to mean that the federal government can make treaties that supersede state law, even if they abrogate states' rights under the Tenth Amendment. This interpretation has been applied in cases such as Missouri v. Holland (1920). However, federal statutes and treaties must still be within the Constitution's parameters and not violate constitutional limits on federal power, such as the Bill of Rights.
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The Tenth Amendment
Federalism is a key principle in the US Constitution, dividing the exercise of power between different levels of government: national, state, and local. Each level has defined powers, and this division of power helps to limit the dangers of tyranny and preserve the liberties of the people.
In another case, South Carolina v. Baker (1988), the Court said that an exception to Garcia would be when a state was left "politically isolated and powerless" by a federal law. The Tenth Amendment, therefore, prohibits the federal government from forcing states to pass or not pass certain legislation or to enforce federal law. This was demonstrated in New York v. United States (1992), where the Supreme Court invalidated part of the Low-Level Radioactive Waste Policy Amendments Act of 1985, which attempted to oblige states to take responsibility for waste disposal.
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The First Amendment
Federalism is the principle of having different levels of government—national, state, and local—each with constitutionally defined powers. The US Constitution reflects this principle in its organisation of the government, with the national government and state governments sharing power. The First Amendment, part of the Bill of Rights, is a key example of federalism in action, as it limits the powers of the federal government and protects the rights of citizens.
Secondly, federalism allows states to experiment with policies under the First Amendment that the national government cannot. For example, states have broader interpretations of the right to privacy than the national government, which derives its authority from implications in several amendments, including the First. This reflects the nature of federalism, where states serve as laboratories for policy experimentation, addressing unique local and regional needs.
Finally, the First Amendment's protection of free speech and freedom of assembly has been a key dimension of the political development of both national and state governments. The Supreme Court has interpreted these rights broadly, striking down laws that restrict lawful speech, such as in Packingham v. North Carolina (2017), where a North Carolina law prohibiting registered sex offenders from accessing certain websites was deemed unconstitutional. The Court has also upheld the freedom to express ideas, even if they are offensive or disagreeable, as in Texas v. Johnson (1989), where a conviction for flag burning was overturned. These cases demonstrate how the First Amendment, through the courts, has shaped the relationship between federal and state governments, ensuring cooperation and conflict within a federalist system.
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The Fourteenth Amendment
Section 1 of the Fourteenth Amendment is the most important part of the amendment and formally defines United States citizenship. It states that all persons born or naturalized in the United States and subject to its jurisdiction are citizens of the United States and of the state in which they reside. This section also protects various civil rights, forbidding states from making or enforcing any law that abridges the privileges or immunities of citizens, depriving any person of life, liberty, or property without due process of law, or denying any person within its jurisdiction the equal protection of the laws.
The Due Process Clause of the Fourteenth Amendment is similar to that of the Fifth Amendment, but while the Fifth Amendment applies only against the federal government, the Fourteenth Amendment prohibits the states from depriving any person of life, liberty, or property without due process of law. The Fourteenth Amendment's Due Process Clause has been interpreted by the Supreme Court to "incorporate" many of the individual protections of the Bill of Rights against the states, requiring state governments, as well as the federal government, to abide by them.
Section 2 of the Fourteenth Amendment provides a new formula for representation in Congress, replacing the three-fifths clause of Article 1, Section 2, which counted slaves as three-fifths of a person in calculating representation. This section calculates representation in the House of Representatives based on the total population of the state, penalizing states that deny the right to vote to males over 21 years of age.
Section 5 of the Fourteenth Amendment vests Congress with the power to enforce the other parts of the Amendment, particularly Section 1, by adopting appropriate legislation. This section changed the balance of power between state and federal governments, but its scope has been a matter of controversy. The Supreme Court has held that it does not empower Congress to regulate private conduct or create new rights, but rather to prevent or remedy violations of rights already recognized by the courts.
Overall, the Fourteenth Amendment has been among the most controversial and litigated parts of the Constitution, forming the basis for landmark Supreme Court decisions in areas such as racial segregation, interracial marriage, abortion, and federal rights against state action.
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The separation of powers between national and state governments and within Congress (e.g. the Supreme Court's power to strike down state laws)
Federalism in the United States is based on the principle of distributing power between the national government and state governments, with both levels of government acting directly on individuals. The US Constitution reflects this through its separation of powers, which ensures that no single branch of government holds absolute power.
Article I of the Constitution establishes the legislative branch, vesting all lawmaking powers in Congress, which consists of a Senate and a House of Representatives. This branch divides legislative power between the two chambers, with Congress's powers limited to those "herein granted" by the Constitution.
The Constitution also establishes the federal judiciary, with Article III, Section I stating that "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." The Supreme Court, established by Congress in 1789, has the power of judicial review, or the ability to declare a legislative or executive act in violation of the Constitution, as seen in Fletcher v. Peck in 1810, where the Court ruled that Georgia's legislature could not invalidate a contract, establishing the principle that the Supreme Court can strike down unconstitutional state laws.
The Supreme Court's power of judicial review has had a profound impact on society, with landmark cases such as Tinker v. Des Moines Independent School District (1969), where the Court held that students could not be punished for wearing black armbands to school to protest the Vietnam War, protecting the right to free speech.
The Constitution's separation of powers between the national and state governments and within Congress ensures cooperation and conflict within and between levels of government, reflecting the founders' intent to limit the powers of the federal government and protect individual liberties.
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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, each with constitutionally defined powers.
Federalism divides the exercise of power, helping to limit power and preserve the liberties of the people.
Article I, Section 8 of the Constitution describes specific powers that belong to the federal government. The Tenth Amendment ensures that states retain all powers not granted to the national government.
State legislative powers are limited by their own constitutions. The national government can also override state laws, as established by the Supreme Court in Fletcher v. Peck.
Federalism gives states the ability to experiment with policy areas under the First Amendment that the national government cannot.
