Eleanor Finch
Federalism is a part of the US Constitution, determining how power is divided between the federal government and individual state governments. The concept of federalism is embodied in the Constitution, referring to the division and sharing of power between the two entities. The Framers of the Constitution sought to establish a unified national government with limited powers, while also maintaining a distinct sphere of autonomy for state governments to exercise their general police powers. This system of federalism, in combination with the separation of powers, results in a powerful central government while preserving the liberty of its citizens.
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What You'll Learn
Federalism and the separation of powers
Federalism is a basic concept embodied in the US Constitution, which refers to the division and sharing of power between the federal government and individual state governments. The US Constitution establishes three branches of the federal government: the legislative, the executive, and the judicial. Each branch has its own distinct roles and authorities, and is limited to exercising only the powers specifically granted to it by the Constitution.
The legislative branch, or Congress, is responsible for making laws. The executive branch, led by the President, is responsible for carrying out the laws passed by the legislative branch and ensuring they are observed. The President also has the power to appoint federal officials, including federal judges and ambassadors, subject to Senate confirmation. The judicial branch, or the Supreme Court, has the power to declare acts of Congress unconstitutional if they conflict with the Constitution.
The interaction between the federal and state governments is defined by federalism and the separation of powers. While the federal government has specifically enumerated powers granted and limited by the Constitution, state governments have the flexibility to implement policies and laws based on their particular needs and circumstances. This is known as "police power". Federalism allows for a robust government that safeguards the freedoms of its citizens, while preserving the liberty of the governed.
However, there has been a move away from federalism and the separation of powers in recent years, which has had lasting impacts on American democracy, according to United States Senator Mike Lee. Lee argues that legally binding obligations are being put in place by people who are unaccountable to voters, which is both "wrong" and "anti-democratic".
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The Supreme Court and federalism
Federalism is a system of government that divides power between the federal government and individual state governments. It is a basic concept embodied in the US Constitution, which establishes a strong national government while preserving the liberty of the governed. The Supreme Court has played a significant role in interpreting and enforcing federalism principles, often resolving conflicts between federal and state laws and determining the limits of Congress's powers.
The Supreme Court has invoked constitutional provisions, such as the Tenth Amendment, to curb federal encroachment on state sovereignty. The Tenth Amendment reserves powers not delegated to the federal government by the Constitution to the states or the people. The Court has also interpreted the Commerce Clause, which allows Congress to regulate commerce between states, and the Supremacy Clause, which establishes federal law as supreme over state law.
In cases like Bond v. United States (2014), the Court recognised the relationship between the federal government and states under the Constitution. The Court's decisions on Congress's Commerce Clause power, such as in National League of Cities v. Usery, have significant implications for federal-state relations. The Court's interpretation of the Commerce Clause has expanded federal power, influencing various aspects of state policies, including "social issues."
The Supreme Court has also addressed the abrogation of states' sovereign immunity by Congress and the preemption of state laws by federal laws under the Supremacy Clause. The "anti-commandeering" doctrine prohibits Congress from compelling state legislatures to enact specific laws or enforce federal laws. Litigation has arisen over the validity of conditions attached to federal funding, with states challenging whether they are unduly coercive.
Federalism continues to be a significant issue for attorneys general, who defend state laws and actions against claims of overstepping their role in the federal system. The Supreme Court's interpretations and applications of federalism principles shape the balance of power between the federal government and the states, impacting the rights and freedoms of citizens.
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Federalism and the COVID-19 pandemic
Federalism is a basic concept embodied in the US Constitution, referring to the division and sharing of power between the national and state governments. The COVID-19 pandemic highlighted the relevance of federalism in modern times.
The COVID-19 pandemic presented an unprecedented challenge for countries worldwide, including those with a federal or hybrid-federal system of government, which account for more than 40% of the world's population. The pandemic's impact on federal dynamics and the role of federalism in the response have been analysed and discussed by scholars, policymakers, and governments.
The pandemic response in federal systems has been a subject of study, with a focus on the division of responsibilities, the need for centralisation, and intergovernmental relations and cooperation. Case studies from 19 federal countries, including Canada, India, Germany, Brazil, China, Italy, the UK, and the US, have been conducted to understand how different federal systems responded to the crisis.
In the US, the federal government's response to the pandemic was marked by disjointed and confusing statements and actions, leaving state governments and citizens to address the pandemic's effects in a haphazard manner. This led to heated debates and disputes at local levels, with state governments facing scrutiny for their chosen methods of combating the virus. The Trump administration's governance during the pandemic has been described as "transactional federalism," where relationships between the president and states, and among states, were governed by exchanges, leading to unpredictable responses to the health crisis.
The COVID-19 pandemic has brought to light the importance of federalism in allowing states to implement policies and laws based on their specific needs and circumstances. It has also raised questions about the role of the federal government in addressing national emergencies and the balance of power between federal and state authorities.
The pandemic has prompted evaluations of provincial responses in federal countries, with organisations like the Peter MacKell Chair in Federalism at McGill University developing indices to assess measures enacted by Canadian provincial governments, including gathering sizes, masks, school closures, and travel restrictions. The pandemic has also led to symposiums and webinars that bring together experts to reflect on how legal and political systems have adapted to challenges posed by the pandemic to democracy, human rights, and the rule of law.
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Federalism and the Civil Rights Act of 1964
Federalism is a basic concept embodied in the US Constitution, which refers to the division and sharing of power between the national and state governments. The US Constitution is a written document that acts as the supreme law of the land. It establishes a strong national government with three separate branches, each endowed with its own roles and authorities.
Federalism at the Founding can be described as "Enumerated Powers Federalism". The national government was conceived as one of limited and enumerated powers, with the powers of states being everything else. This is expressed 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 Civil Rights Act of 1964 was a landmark piece of legislation that prohibited discrimination in public places, provided for the integration of schools and other public facilities, and made employment discrimination illegal. It was signed into law by President Lyndon B. Johnson on July 2, 1964, and was the first substantial civil rights legislation after Reconstruction following the American Civil War. The Act was composed of eleven titles and desegregated public accommodations, authorized the federal government to sue to desegregate public facilities and schools, extended and strengthened the federal Civil Rights Commission, required companies and unions to allow equal employment opportunities, and authorized the US Attorney General to intervene in lawsuits where persons alleged denial of equal protection of the laws under the Fourteenth Amendment to the US Constitution.
The Civil Rights Act of 1964 was an important step in enforcing the constitutional right to vote and addressing discrimination in public accommodations. It conferred jurisdiction upon the district courts of the United States to provide injunctive relief against discrimination in public accommodations and authorized the Attorney General to institute suits to protect constitutional rights in public facilities and public education. The Act also extended the Commission on Civil Rights and established a Commission on Equal Employment Opportunity.
The legislation and its enforcement were an issue in the 1964 presidential campaign, with Barry Goldwater questioning the bill's constitutionality. Lyndon Johnson pledged full enforcement, and his landslide victory gave impetus to vigorous enforcement of the bill's provisions by his administration. The Act was a significant step forward in guaranteeing equal treatment for all Americans, regardless of race, and addressing voting rights, public accommodations, school desegregation, and nondiscrimination in federally assisted programs.
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Federalism: Enumerated Powers Federalism
Federalism is a basic concept embodied in the US Constitution, which refers to the division and sharing of power between the federal government and individual state governments. The US Constitution is the supreme law of the land, and federalism is a key part of it, delineating the division of authority between the federal and state governments.
Federalism at the Founding can be described as "Enumerated Powers Federalism". The national government was conceived as having limited and enumerated powers. The powers of the states were, therefore, everything else that remained after this enumeration. This is expressed 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, 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".
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 general police powers. This police power allows states the flexibility to implement policies and laws based on their particular needs and circumstances. Citizens can hold their local governments accountable for their actions or inactions in response to emergencies, as seen during the COVID-19 pandemic.
Federalism has evolved since the founding of the nation and federal-state relations have always been contested. The Supreme Court has frequently invoked constitutional provisions to determine that Congress has exceeded its powers and infringed upon state sovereignty. The Court's Commerce Clause decisions are a notable example of this. While the federal government has the power to regulate the free flow of commerce between states, most laws affecting civil liberties are made at the state level, including the regulation of economic activity and "social issues".
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Frequently asked questions
Federalism is a system of government that divides power between a national government and individual state governments.
Federalism in the US Constitution determines how power is divided between the federal and state governments. The Constitution established a strong national government but also sought to maintain a distinct sphere of autonomy for state governments to exercise their police powers.
Federalism allows states to shape policies that serve the diverse needs and circumstances of their communities. It also enables citizens to hold their local governments accountable for their actions or inactions.
Federalism has waxed and waned throughout US history, with federal-state relations always being contested. Federalism underwent four distinct phases during the post-Founding, post-Civil War, and post-New Deal eras.
One key example is the national government's response to Jim Crow segregation laws in the late 1800s. While many Southern states enacted discriminatory laws, the national government passed laws like the Civil Rights Act of 1964 and the Voting Rights Act of 1965 to dismantle segregation nationwide. Another example is the COVID-19 pandemic, where federalism allowed states to combat the virus using methods they deemed appropriate.
