Omar Bennett
Federalism is a key concept in the US Constitution, though the word itself is not mentioned in the document. The Constitution outlines federalism through the sharing of power between the national government and state governments, with the national government having limited and enumerated powers, and the states retaining all powers not granted to the national government. The Constitution also contains the Supremacy Clause, which establishes federal law as superior to state law. Federalism has evolved over four distinct phases in US history: post-Founding, post-Civil War, post-New Deal, and from the Rehnquist Court to the present.
| Characteristics | Values |
|---|---|
| Federalism principle | Sharing of power between national and state governments |
| The federal government has powers such as declaring war, making treaties, and regulating interstate trade | |
| The states retain powers over public schools, public health, regulation of trade, law enforcement, and roads | |
| The federal government has the power to prevent states from violating the privileges and immunities of their citizens | |
| The federal government has the power to prevent states from depriving anyone of life, liberty, or property without due process | |
| The federal government has the power to prevent states from denying anyone equal protection | |
| The federal government has the power to prevent states from denying citizens the right to vote based on their race | |
| The federal government has the power to regulate wages and hours of state and local employees | |
| The federal government has the power to regulate intrastate commerce | |
| The federal government has the power to legislate on matters concerning interstate commerce | |
| The federal government has the power to act on behalf of the citizenry directly without going through the state governments | |
| The federal government has the power to invalidate state laws | |
| The federal government has the power to act only if there is express or implied authority in the Constitution | |
| The states may act unless the Constitution prohibits the action | |
| The federal government has the power to amend the Constitution | |
| The federal government has the power to enforce constraints on state governments | |
| The federal government has the power to act in the interest of a more perfect union |
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What You'll Learn
Federalism and the division of power
Federalism is a system of government that divides power between a central authority and various constituent units of the country, such as states or provinces. In the context of the United States Constitution, federalism refers to the division of power between the federal government and the individual state governments. This system was established by the Constitution in 1787, replacing the Articles of Confederation, which gave most of the power to the states.
The Constitution outlines a federal structure where the federal government has specific enumerated powers, and the states retain all other powers. 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 Constitution also establishes the supremacy of federal law over state law through the Supremacy Clause in Article VI.
The division of power between the federal and state governments has evolved over time, with four distinct phases: post-Founding, post-Civil War, post-New Deal, and from the Rehnquist Court to the present. The Civil War, for example, led to the passage of the Thirteenth Amendment, which eliminated the power of states to enforce slavery within their borders. The Fourteenth Amendment further constrained state governments by forbidding them from violating the fundamental rights of their citizens.
While the Constitution outlines the basic structure of federalism, the specific boundaries between federal and state powers have been contested and reinterpreted over time. The Supreme Court has played a significant role in interpreting and enforcing these boundaries, often invoking constitutional provisions to determine whether Congress has exceeded its powers or infringed upon state sovereignty.
Federalism, in combination with the separation of powers, has resulted in a powerful central government while preserving the liberty of the governed. It allows for a balance between national unity and state autonomy, ensuring that the federal government does not have unlimited authority over the states.
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The Supremacy Clause
The US Constitution does outline federalism, and one of its most significant structural provisions is the Supremacy Clause. This clause, established under Article VI, Paragraph 2 of the Constitution, is a foundational principle that gives federal law precedence over conflicting state laws. It states:
> "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."
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Federalism and state sovereignty
Federalism in the United States refers to the division of power between the federal government and individual state governments. The Constitution outlines federalism in Article I, which establishes Congress and its lawmaking powers. The Tenth Amendment reinforces the principle of federalism by stating that any powers not delegated to the federal government are reserved for the states or the people.
The interpretation and implementation of federalism have evolved over time, with four distinct phases: post-Founding, post-Civil War, post-New Deal, and from the Rehnquist Court to the present. The Founders intended to create a strong national government while preserving the states' power over their citizens. This balance between federal and state sovereignty is a key feature of American federalism.
State sovereignty is a crucial aspect of federalism, as it ensures that states have the authority to govern themselves and "check" the power of the national government. The Supreme Court has played a significant role in defining the boundaries between federal and state powers, often invoking constitutional provisions to determine if Congress has exceeded its authority and infringed upon state sovereignty. Cases such as New York v. United States (1992) and Printz v. United States (1997) have shaped the interpretation of federalism and state sovereignty.
The concept of dual sovereignty, where both the federal government and state governments have distinct powers, is essential to understanding federalism. The Supremacy Clause in Article VI establishes the supremacy of federal law over state law, while the Commerce Clause grants Congress the power to regulate interstate commerce. The Fourteenth Amendment further constrained state powers by prohibiting them from violating the fundamental rights of their citizens.
Federalism protects individual liberty by confining lawmaking to the state and local levels, preventing a "political war of all against all" at the national level. It also ensures that decisions are made closer to the people, allowing for more responsive and diverse governance. Federalism, therefore, plays a critical role in maintaining the balance of power between the federal government and the states, safeguarding the rights and liberties of citizens.
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Federalism and the Tenth Amendment
Federalism in the United States refers to the division of power between the federal government and individual state governments. The US Constitution outlines federalism in Article VI, which establishes federal law as superior to state law. The Constitution sets out all of the federal government's powers, and any powers not given to the federal government are reserved for the states. This is known as "Enumerated Powers Federalism".
The Tenth Amendment reinforces this principle, stating: "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 was used by the Supreme Court in the early 20th century to limit Congress's power. However, after 1937, the Court rejected this interpretation and no longer viewed the Tenth Amendment as a basis for declaring federal laws unconstitutional.
The interpretation and implementation of federalism have evolved over time. In the post-Founding era, federalism was characterised by the division of powers between the federal and state governments, with the federal government having limited powers. In the post-Civil War era, federalism changed with the enactment of the Thirteenth Amendment, which eliminated the power of states to enforce slavery within their borders. The Fourteenth Amendment further constrained state governments by forbidding them from violating the fundamental rights of their citizens.
Federalism continued to evolve in the post-New Deal era and into the modern era, with the federal government assuming more power while preserving the authority of states to govern themselves. The Supreme Court has frequently invoked constitutional provisions to determine that Congress has exceeded its powers and infringed upon state sovereignty. Federalism thus serves to assign political responsibility and maintain a balance of power between the federal and state governments in the United States.
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Federalism and the Civil War
Federalism in the United States refers to the division of power between the federal government and individual state governments. The Constitution outlines federalism in the form of a written document that acts as the supreme law of the land. The Constitution sets out all of the federal government's powers, with any powers not delegated to the federal government being reserved for the states.
The Civil War had a significant impact on the structure of American federalism. The conflict over secession, for instance, challenged the very idea of a federal union, and its repudiation reinforced the permanence of the union and the supremacy of the nation-state. The war also forced the national government to assume powers that would have been unlikely to be granted before the conflict, particularly in the areas of emancipation and ensuring freedom in the postwar period. This expansion of federal authority came at the expense of state powers.
During the Civil War, there were public conflicts in the North regarding the extension of federal power, specifically concerning President Lincoln's suspension of habeas corpus and the jailing of political prisoners. Lincoln suspended habeas corpus before Congress convened in 1861, and this power was periodically exercised throughout the war. This led to the arrest and detention of hundreds of people, particularly in border states, without trial. Democrats and civil libertarians in the North protested these actions, and there was also opposition to the increase in arrests as a result of the national draft.
The Civil War also saw the expansion of the president's authority during wartime. For example, in the case of Vallandigham, who was convicted and imprisoned for disloyal activities, the local federal judge refused to issue a writ for his release despite pressure from Democrats and moderate Republicans. Vallandigham's appeal, arguing that civilians could not be tried by military courts when civilian courts were functioning, was refused by the U.S. Supreme Court. The Court thus sanctioned the president's expanded powers during the war.
The post-Civil War era marked a distinct phase in the evolution of federalism in the United States, with the enactment of the Thirteenth Amendment, which eliminated the power of states to enforce slavery, and the Fourteenth Amendment, which placed new federal constraints on state governments and granted Congress the power to enforce those constraints.
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Frequently asked questions
Federalism is the sharing of power between national and state governments.
Yes, the US Constitution outlines federalism in its organisation of the United States government. The Constitution had to be ratified by nine of the thirteen popular state ratifying conventions to become the supreme law of the land. The Senate represents state interests in the national government, and the Tenth Amendment of the Bill of Rights provides for a limited national government and preserves the power of the states.
Federalism has waxed and waned since its 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.
