Eleanor Finch
Federalism is a crucial concept in the US Constitution, though the word itself is notably absent from the text. It refers to the sharing of power between the national and state governments, a system that was established to resolve the struggle between the states to create a unified national government. Federalism allows state governments to check the federal government and vice versa, preserving the liberty of the governed while maintaining a powerful central government. The US Constitution embodies this principle of federalism, which has evolved through four distinct phases: post-Founding, post-Civil War, post-New Deal, and from the Rehnquist Court to the present.
| Characteristics | Values |
|---|---|
| Definition | Federalism refers to the division and sharing of power between the federal government and the individual state governments. |
| Purpose | Federalism allows state governments to check the federal government and vice versa, preserving the liberty of the governed. |
| History | Federalism has changed since the states ratified the Constitution in 1787, with four distinct phases: post-Founding, post-Civil War, post-New Deal, and from the Rehnquist Court to today. |
| Key Features | The Tenth Amendment, the Supremacy Clause, and the Commerce Clause. |
| Interpretation | Madison and Jefferson proposed that states have a right and duty to interpret the Constitution independently. |
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What You'll Learn
Federalism and the sharing of power
Federalism, a basic concept embodied in the US Constitution, refers to the division and sharing of power between the national and state governments. The US Constitution replaced the Articles of Confederation, which was essentially a treaty among sovereign states, with a new constitution ratified by the people themselves in state conventions. The Articles of Confederation granted much power to the 13 states and very little to Congress, making the national government ineffective and creating conflict among states. The Constitution, on the other hand, established a federalist system with more balanced state-federal powers.
The Framers of the Constitution sought to establish a unified national government with limited powers while maintaining a distinct sphere of autonomy for state governments to exercise a general police power. They proposed two distinct solutions to allocate the federal government's powers. Firstly, they divided the national government into three separate branches, each with its own roles and authorities. This separation of powers designated who had the power to act in different areas and allowed each branch of government to "check" the power of the other branches. Secondly, they suggested dividing powers between the federal and state governments. Some powers belong only to the federal government or are reserved for the states, while other powers are shared between them. These shared powers are called concurrent powers.
The Tenth Amendment to the US Constitution, ratified in 1791, is crucial to dividing federal and state powers. It 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. The police power is unique to the states. This power is broad and is generally only limited by the state's constitution, the federal government's enumerated powers, and the rights incorporated through the Fourteenth Amendment.
Federalism has changed since the states ratified the Constitution in 1788. It has waxed and waned since the founding, and federal-state relations have always been contested. Federalism underwent four distinct phases during four different eras in US constitutional history: post-Founding, post-Civil War, post-New Deal, and from the Rehnquist Court to the present.
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Federalism and the Tenth Amendment
Federalism, a concept embodied in the US Constitution, refers to the division and sharing of power between the national and state governments. The Framers sought to establish a unified national government with limited powers while preserving a distinct sphere of autonomy for state governments to exercise their general police power. This principle of federalism is reinforced by 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 Tenth Amendment underscores that the national government has limited and enumerated powers, and any exercise of federal power must be within the scope of those enumerated powers. This amendment ensures that state power is protected by restricting the federal government's ability to act. The police power, unique to the states, allows them to create and enforce laws within their borders, subject to limitations like the state constitution, federal enumerated powers, and the Fourteenth Amendment.
Federalism has evolved through four distinct phases: post-Founding, post-Civil War, post-New Deal, and from the Rehnquist Court to the present. The Civil War marked a shift in federalism, with the Thirteenth Amendment eliminating states' power to enforce slavery. However, Southern states used their police powers to enact Black Codes, leading to the Civil Rights Act of 1866 and the Fourteenth Amendment, which placed new federal constraints on state governments.
The interpretation and application of the Tenth Amendment have been a subject of controversy. While it played a role in the early 20th century in resisting expanded national power, it receded during the New Deal era when Congress enacted federal regulatory programs. The amendment reemerged in the legal discourse in 1992, with cases involving federal regulation of states giving rise to the concept of "Tenth Amendment doctrine."
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Federalism and the Supremacy Clause
Federalism, a basic concept embodied in the US Constitution, refers to the division and sharing of power between the national and state governments. It allows state governments to check the federal government and vice versa, preserving the liberty of the governed while maintaining a unified national government. Federalism has evolved through four distinct phases: post-Founding, post-Civil War, post-New Deal, and from the Rehnquist Court to the present.
The Supremacy Clause, a cornerstone of the US federal political structure, is a constitutional provision that establishes the supremacy of federal law over state law. It is based on the principle that federal laws, by definition, must be supreme and function from a position of power. The Supremacy Clause assumes the priority of federal authority, but only when that authority is expressed in the Constitution. Federal statutes, treaties, and laws are considered the "supreme law of the land," and all judges in every state are bound to follow them, regardless of state laws or constitutions.
The Supremacy Clause plays a crucial role in conflict-of-laws situations, specifying that certain federal acts take priority over conflicting state acts. This is known as federal preemption, which applies regardless of the source of the conflicting laws. For example, the Voting Rights Act of 1965, an act of Congress, takes precedence over state constitutions. The Supreme Court has the power of judicial review and can invalidate statutes that violate the Constitution, including federal laws that conflict with it.
The Supremacy Clause has been a significant structural provision since the late eighteenth and early nineteenth centuries, when the Supreme Court relied on it to establish a robust role for the federal government in managing the nation's affairs. During the New Deal era, the Court expanded the areas of concurrent authority between the federal government and the states, marking the end of dual federalism. While the Supremacy Clause was not a major point of contention during the Constitutional Convention, it did generate controversy during the debates over the Constitution's ratification, with advocates of federal supremacy ultimately prevailing.
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Federalism and the Civil War
Federalism, a basic concept embodied in the US Constitution, refers to the division and sharing of power between the national and state governments. The Constitution replaced the Articles of Confederation, which was essentially a treaty among sovereign states. The Founders provided the national government with powers it lacked under the Articles and ensured it could act directly on behalf of the citizenry. They also sought to establish a unified national government with limited powers while maintaining a distinct sphere of autonomy for state governments.
The Civil War compelled significant changes in the structure of American federalism. Secession posed a direct challenge to the 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 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 organised state militia units into a national army, established close relationships with railroads, munitions manufacturers, and other military suppliers, and suspended habeas corpus, jailing political prisoners without trial.
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 remaining police powers to enact Black Codes to oppress the newly freed slaves. In response, the Republicans in the Thirty-Ninth Congress used their Thirteenth Amendment 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 granted Congress the power to enforce those constraints.
The Union victory solidified the federal government's power over the states and ended the debate over states' rights. The Fourteenth Amendment, ratified a few years after the Civil War in 1868, 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 Union's victory over secession and the ratification of the Fourteenth Amendment thus represent significant milestones in the evolution of federalism in the United States.
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Federalism and the Supreme Court
Federalism, a concept embodied in the US Constitution, refers to the division and sharing of power between the national and state governments. The Constitution replaced the Articles of Confederation, which was a treaty among sovereign states, with a new constitution ratified by the people in state conventions. The Founders provided the national government with powers it lacked under the Articles and ensured it could act on behalf of the citizenry directly. Federalism at the Founding can be described as "Enumerated Powers Federalism", where the national government was given limited and defined powers, and state governments had indefinite powers over areas not enumerated.
The Tenth Amendment reinforces the principle of federalism, 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 amendment protects state power by limiting the federal government's ability to act. The police power is unique to the states, allowing them to create and enforce laws within their borders.
The Supreme Court has played a significant role in interpreting and enforcing federalism. In cases like Bond v. United States (2014), the Court recognised the relationship between the Federal Government and the states under the Constitution. The Court has also invoked constitutional provisions to determine that Congress exceeded its powers and infringed upon state sovereignty. For example, in Lopez (1992), the Court concurred that two distinct lines of political accountability are required for the theory that two governments accord more liberty than one.
Federalism has evolved through different eras, including post-Founding, post-Civil War, post-New Deal, and from the Rehnquist Court to the present. The Civil War and its aftermath significantly impacted federalism. The Thirteenth Amendment, enacted by Republicans in the Thirty-Ninth Congress, eliminated state power to enforce slavery. However, Southern states used their police powers to enact Black Codes, leading to the creation of the Fourteenth Amendment, which placed new federal constraints on state governments.
In conclusion, federalism in the US Constitution establishes a balance of power between the federal and state governments, with the Supreme Court interpreting and enforcing these principles through significant cases throughout history.
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Frequently asked questions
Federalism is not mentioned in the US Constitution.
Federalism is the sharing of power between national and state governments.
Federalism allows state governments to check the federal government and vice versa. It also allows states to shape policies that serve their communities and approach issues in ways that benefit the nation as a whole.
The Thirteenth Amendment eliminated the power of states to enforce slavery, but Southern states used their police powers to enact Black Codes to oppress freed slaves. The Fourteenth Amendment was then created to place new federal constraints on state governments and prevent them from violating the privileges and immunities of their citizens.
Dual federalism refers to the original type of federalism enshrined in the Constitution, providing a clear division of power between the federal and state governments. Enumerated Powers Federalism describes federalism at the Founding, where the national government was given limited and enumerated powers, and state legislative powers were almost exclusively limited by their own constitutions.
