Simone Lawson
Federalism is a mode of political organization that unites separate states or polities within a single overarching system, allowing each to maintain its own integrity. In the United States, federalism refers to the division and sharing of power between the national and state governments. The term federalism is not explicitly mentioned in the US Constitution, but the concept is embodied in it. The Founding Fathers adopted federalism in response to the weaknesses of the Articles of Confederation, which served as the United States' first form of government. Federalism in the US 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 is a mode of political organization that unites separate states or other polities within an overarching political system, allowing each to maintain its integrity. |
| Number of government levels | Federal systems must have at least two levels of government. |
| Powers of the federal government | The federal government has the power to regulate trade between states, declare war, manage the mail, and print money, among several other powers. |
| Powers of state governments | State governments oversee education, roads, driver's licenses, police departments, elections, and more. |
| Shared powers | Both the federal and state governments have the power to tax and establish courts. |
| Noncentralization | Power is diffused among a number of self-sustaining centers, ensuring that authority to participate in exercising political power cannot be taken away without common consent. |
| Territorial democracy | Areal divisions are used to ensure neutrality and equality in the representation of various groups and interests, and to secure local autonomy and representation for diverse groups within the same civil society. |
| Boundary changes | Boundary changes are rare and are made only with the consent of the polities involved. |
| Influence over constitutional amendments | Constituent polities must have substantial influence over the constitutional-amending process. |
| Permanence of boundaries | Internal boundaries are permanent. |
| Multi-layered concept | Political scientists use the term federalism in a broad sense, referring to a "multi-layer or pluralistic concept of social and political life". |
| Preventing violence | Federalism and other forms of territorial autonomy are useful for preventing violence among different groups within countries by allowing certain groups to legislate at the subnational level. |
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What You'll Learn
Federalism and the sharing of power between national and state governments
Federalism is a mode of political organisation that unites separate states or polities within a single overarching political system. It is a system of government where some powers are shared between the national and state governments. The term "federalism" is often confusing, as one might assume that it implies a system where the federal government has more influence and power. However, federalism actually describes a system where some powers belong to the national government and others to the state government.
In the United States, federalism is one of the most important and innovative concepts in the Constitution, although the word itself never appears in the document. The Founding Fathers adopted federalism in response to the problems with America's first system of government, the Articles of Confederation. The 13 original states created the Articles of Confederation as the nation's first form of government, but it had weaknesses, including a weak Congress that lacked the power to enforce laws or raise taxes.
At the Constitutional Convention of 1787, delegates from the 13 states drafted a new Constitution that established a federalist-style government. This new system shared power between the states and a stronger central government with truly national powers. The Constitution created a balance by granting the national government limited and enumerated powers, while leaving the regulation of intrastate commerce and other powers to the states. James Madison, in The Federalist Papers, noted that the powers delegated to the federal government are "few and defined," while those remaining with the state governments are "numerous and indefinite."
The Tenth Amendment further reinforces the principle of federalism by 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 ability of the federal government to act. Federalism has also been characterised by the permanence of its internal boundaries, with boundary changes requiring the consent of the polities involved.
Federalism has several benefits, including protecting against tyranny by preventing the concentration of power at a single level or within one branch of government. It also allows for self-governance in states and communities, with citizens holding government officials accountable and pushing back against overreach. Federalism has been adopted by 30 other countries besides the United States, including India, Germany, Switzerland, Mexico, and Brazil.
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Federalism as a protection against tyranny
Federalism is a system of government where some powers are delegated to the national government, while others are reserved for state governments. It is a mechanism to protect against tyranny by dividing power and preventing its concentration in a single entity.
The Founding Fathers of the United States adopted federalism in response to the weaknesses of their first system of government, the Articles of Confederation. The Constitution was drafted to address these issues, creating a stronger central government while retaining most powers in the states. This balance of power is a key feature of federalism, ensuring that no single branch or level of government can dominate the others.
James Madison, in Federalist 51, explained that the division of powers between the federal government and the states under the Constitution's model of dual federalism "should make tyranny unlikely." Madison argued that the interests of the national majority in the House would be balanced against the interests of individual states in the Senate, providing a "double security" for the rights of the people. This concept is often referred to as "Enumerated Powers Federalism," where the national government holds limited and enumerated powers, and state governments retain the powers not specifically delegated to the national government.
Federalism promotes accountability and prevents the overreach of any one government entity. It ensures that laws affecting the liberties of the people are primarily made at the state level, bringing decision-making closer to the citizens. This diffusion of power acts as a safeguard against tyranny, as it becomes difficult for a single group or individual to exert dominance and infringe upon the freedoms of the people.
However, it is important to recognize that federal systems can also be manipulated for authoritarian purposes. For instance, in the Russian Federation, the president has directed the selection of regional governors, and in Venezuela, the ruling party stripped the national legislature of most of its powers. Therefore, while federalism offers protection against tyranny, it is not an absolute guarantee, and the specific design and implementation of the system play a significant role in its effectiveness as a safeguard.
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The role of the Supreme Court in interpreting federalism
Federalism is a system of government where some powers are delegated to the national government, while others are delegated to the state government. The US Constitution, drafted in 1787, created a stronger central government than the Articles of Confederation, which it replaced, while still keeping most powers in the states.
The Supreme Court has played a significant role in interpreting federalism and delineating the boundaries between federal and state powers. One of the key provisions the Court has invoked is the Tenth Amendment, which 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 amendment has been interpreted as a shield to prevent federal encroachment on state sovereignty.
The Supreme Court has also interpreted the Commerce Clause, which allows Congress to regulate trade between states. In the early 20th century, the Court expanded the federal government's power by ruling that Congress's Commerce Clause power extended to regulating the wages and hours of state and local employees. This interpretation gave the federal government the ability to regulate in areas that were once exclusively governed by the states.
In addition, the Supreme Court has heard cases addressing whether Congress validly abrogated the states' sovereign immunity. Under the Supremacy Clause, federal law prevails when there is a conflict with state law. The Court has also interpreted the Fourteenth Amendment, which grants Congress the power to enforce constraints on states, preventing them from violating the privileges and immunities of their citizens, depriving them of life, liberty, or property without due process, and denying equal protection.
However, the Supreme Court has also been criticised for its interpretations of federalism. Some argue that it has not sufficiently recognised the deeply integrated and interactive relationship between states and the federal government. The Court has also been accused of expanding federal power, particularly with the New Deal, which brought about the demise of Enumerated Powers Federalism, where the national government had limited powers, and states had all remaining powers.
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The benefits of federalism for policy diversity
The term federalism was not used in the US Constitution, but the concept is considered one of the most important and innovative ideas in the document. Federalism is a mode of political organisation that unites separate states or polities within a single overarching political system, allowing each to maintain its integrity.
Federalism is a system of government where some powers are reserved for the national government, and some are reserved for the state governments. In the US, the federal government has powers to regulate trade between states, declare war, manage the mail, and print money, while states oversee education, roads, police departments, elections, and more.
Federalism protects the American people from tyranny. Because power is not concentrated at one level or within one branch of government, it is difficult for one branch to take control of the others. This diffusion of power is a way of ensuring that the authority to exercise political power cannot be taken away from the general or state governments without common consent.
Federalism also allows for policy diversity. The US Constitution is hardwired with the tensions of the struggle between the national government and the states, and Americans still debate the proper role of the national government versus the states. Federalism allows for the representation of new interests in proportion to their strength by allowing their supporters to vote. This allows certain groups to legislate at the subnational level, and states to push back against overreach by the federal government.
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Anti-Federalists and their critique of the Constitution
The Anti-Federalists were a late-18th-century political movement that opposed the creation of a stronger US federal government and the ratification of the 1787 Constitution. Led by Patrick Henry of Virginia, they believed that the position of president might evolve into a monarchy. They also feared that the Constitution would lead to a loss of individual liberties, an erosion of state sovereignty, and the potential for tyranny. They advocated for a more decentralised form of government with greater protections for individual rights and stronger state representation.
The Anti-Federalists believed that the federal government would be too far removed to represent the average citizen and that the nation was too large for the national government to respond to the concerns of people on a state and local basis. They also believed that a large central government would not serve the interests of small towns and rural areas, instead favouring urban interests. They wanted guaranteed protection for certain basic liberties, such as freedom of speech and trial by jury.
In state legislatures across the country, opponents of the Constitution criticised the extensive powers it granted the federal government and its departure from the republican governments of antiquity. Patrick Henry, author of the famous "Give Me Liberty or Give Me Death" speech, called the proposed constitution, "A revolution as radical as that which separated us from Great Britain." In the Essays of Brutus, an anonymous author worried that without any limitations, the proposed Constitution would make "the state governments… dependent on the will of the general government for their existence."
The Anti-Federalists mobilised against the Constitution in state legislatures across the country. Anti-Federalists in Massachusetts, Virginia, and New York, three crucial states, made ratification of the Constitution contingent on a Bill of Rights. To accommodate Anti-Federalist concerns of excessive federal power, the Bill of Rights also reserves any power not given to the federal government for the states and the people.
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Frequently asked questions
Federalism is a mode of political organisation that unites separate states or other polities within an overarching political system, allowing each to maintain its own integrity. Federalism refers to the division and sharing of power between the national and state governments.
Federalism protects the American people from tyranny. Because power isn't concentrated at one level, or within one branch of government, it's difficult for one branch to take control of the others. Federalism also allows states to shape policy in important ways, allowing them to write laws that best fit their community.
The US Constitution replaced the Articles of Confederation, which was essentially a treaty among sovereign states. The Constitution provided the national government with more powers, allowing it to act on behalf of the citizenry directly. The Framers sought to establish a unified national government with limited powers while maintaining a distinct sphere of autonomy for state governments. The Supreme Court has frequently invoked constitutional provisions to determine that Congress has exceeded its powers and infringed upon state sovereignty.
