Simone Lawson
Federalism in the United States refers to the division and sharing of power between the national and state governments, with both levels of government acting directly on individuals. The Tenth Amendment, which states that the powers not delegated to the United States by the Constitution are reserved for the states or the people, is often regarded as the constitutional origin of federalism. The amendment reinforces the principle of limited federal power and has been used by the Supreme Court to invalidate federal statutes. The First Amendment and the Fourteenth Amendment have also been pivotal in shaping federalism, with the former guaranteeing state autonomy in certain areas and the latter being used to enforce civil rights protections against state governments.
| Characteristics | Values |
|---|---|
| Amendment Number | Tenth Amendment |
| Purpose | To reaffirm the principles of federalism and reinforce the notion of the Federal Government maintaining only limited, enumerated powers |
| Powers of the Federal Government | Limited to those powers granted in the Constitution |
| Powers of State Governments | Everything that is not explicitly delegated to the federal government |
| Relationship with the First Amendment | Three important dimensions, including the political theory of the founders and the development of the national government |
| Role of States | Serve as laboratories for policy experimentation and addressing local and regional needs |
| Constitutional Value | Significant, with the potential to invalidate congressional laws and create a Tenth Amendment "doctrine" |
| Interpretation | Some scholars classify it as a tautology or truism, while others view it as a shield against federal overreach |
| Impact on Legislation | Prohibits the federal government from forcing states to pass or not pass certain laws or enforce federal laws |
| Federalism Over Time | Waxed and waned since its founding, undergoing distinct phases in post-Founding, post-Civil War, post-New Deal, and Rehnquist Court eras |
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What You'll Learn
The Tenth Amendment
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 Tenth Amendment, which is part of the Bill of Rights, provides the constitutional origins of federalism.
> 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 purpose of the Tenth Amendment is to reaffirm the principles of federalism and reinforce the notion that the federal government maintains only limited, enumerated powers. It clarifies that the federal government's powers are limited to those granted in the Constitution, and any powers not expressly granted to the federal government are retained by the states or the people.
The Supreme Court has occasionally relied on the Tenth Amendment to invalidate federal statutes, particularly in the late 19th and early 20th centuries. However, some legal scholars have argued that the amendment is a tautology or truism, asserting that it did not substantially change the Constitution. Nevertheless, it holds significant constitutional value, providing a basis for challenging congressional laws and shaping the interpretation of federalism in the US.
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Enumerated Powers Federalism
Federalism is a key concept in the US Constitution, though the word itself is not mentioned. The Tenth Amendment affirms the principles of federalism and outlines the notion of the federal government maintaining only limited, enumerated powers. The powers not delegated to the US government by the Constitution are reserved for the states or the people.
The US Constitution created a federalist system with power divided between the national government and the states. The federal government has enumerated powers, which are listed in Article I, Section 8. These include the power to regulate immigration and naturalization, coin money and regulate the currency, establish post offices, and grant patents and copyrights to promote science and the arts. The federal government also has the power to tax to pay off debts and provide for the defence and welfare of the US, regulate interstate and foreign commerce, and declare war and raise and regulate military forces.
The Commerce Clause has become the federal government's most broad-ranging power. The power to regulate interstate commerce includes the power to prohibit or place conditions on the movement of goods or people from state to state. For example, Congress has passed the Pure Food and Drug Act (1906), prohibiting the interstate shipment of adulterated foods or mislabelled drugs.
The Tenth Amendment has been interpreted in various ways by the Supreme Court, especially in the late nineteenth and early twentieth centuries. The Court has ruled that the amendment prohibits the federal government from forcing states to pass or not pass legislation or enforce federal law. However, the Tenth Amendment has also been deemed a truism by the Court, adding nothing to the Constitution as originally ratified.
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The First Amendment
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 Tenth Amendment to the United States Constitution is often regarded as the constitutional origin of federalism. It reinforces the notion of federalism by explicitly stating that the federal government maintains only limited and enumerated powers. The text of the amendment is as follows:
> "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 was proposed by Thomas Burke, a strong advocate for states' rights in the Continental Congress. It was passed by the Continental Congress, despite opposition from other Founding Fathers such as James Wilson and John Dickinson. The amendment aimed to eliminate any ambiguity regarding the distribution of powers between state and federal governments.
The relationship between federalism and the First Amendment has three significant dimensions:
- The first dimension revolves around the political theory of the Founding Fathers and their original intent. This is reflected in the structure they established for the relationship between the national and state governments, as well as the ratification and amendment processes created at the Constitutional Convention of 1787.
- The second dimension pertains to the political development of the national government and the formation of a nation-led intergovernmental partnership. This includes the interpretation of national policy authority under the First Amendment.
- The third dimension concerns the political development of state governments within the nation-led intergovernmental partnership. It involves interpreting national policy authority under the First Amendment and concurrent state constitutional guarantees of freedom of speech, religion, press, and assembly.
In conclusion, while the Tenth Amendment is often regarded as the primary textual source of federalism in the US Constitution, the First Amendment also plays a crucial role in shaping the dynamic between the national and state governments. The First Amendment influences the political development of both the national and state governments within the framework of federalism established by the Tenth Amendment.
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The Civil War's impact
The Tenth Amendment of the US Constitution, 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", is often cited as the constitutional origin of federalism. This amendment reaffirms the principles of federalism and reinforces the notion of limited federal government, with specific enumerated powers.
The Civil War had a significant impact on federalism in the United States, challenging the balance of power between the federal government and the states. The war and its aftermath saw a substantial expansion of federal power, which altered the relationship between the states and the federal government. Here are some key ways in which the Civil War influenced federalism:
Expansion of Federal Authority: The Civil War witnessed a notable expansion of federal authority as the federal government asserted its power over the states. This shift was evident in President Lincoln's actions, such as his decision to issue the Emancipation Proclamation, which addressed the divisive issue of slavery, and his suspension of habeas corpus, which allowed for the arrest and detention of individuals without immediate trial. These actions demonstrated the federal government's willingness to intervene in states' affairs and exercise authority on issues previously left to the states.
Centralization and Opposition: The war led to a push for greater centralization, with the federal government enacting measures such as conscription, impressment, and economic legislation. While these measures were generally accepted as necessary for winning the war, they also faced opposition from those who advocated for states' rights and objected to the expansion of federal power. Governor Brown of Georgia, for instance, actively obstructed the implementation of certain federal measures, highlighting the tension between federal and state authority.
Supreme Court Decisions: The Civil War era saw important Supreme Court decisions that shaped the interpretation of federalism. In the Ex Parte Merryman case, Chief Justice Roger Taney challenged Lincoln's suspension of habeas corpus, arguing that only Congress had the power to suspend it. While Lincoln ignored the order, the case highlighted the conditional nature of federal authority during the war and the ongoing debate over the balance of power.
Reconstruction Amendments: The Reconstruction Amendments, particularly the Fourteenth Amendment, had a significant impact on federal-state relations. The Fourteenth Amendment applied the Bill of Rights to the states, limiting or invalidating state actions that violated individual rights. This marked a shift from the pre-war interpretation, where the Bill of Rights was not applied to the states, further emphasizing the expanding role of the federal government in protecting individual rights.
Destruction of States' Sovereignty: The South's defeat in the Civil War dealt a significant blow to the notion of states' sovereignty. It "destroyed the doctrine that the Constitution was a compact among sovereign states, each with the right to nullify an act of Congress and the ultimate right to secede from the Union." The war affirmed the supremacy of the federal government, derived from "the People," and established that the Constitution divides authority between federal and state governments to protect individuals' rights.
Overall, the Civil War and its aftermath transformed the federal system in the United States, strengthening the federal government's power and setting precedents for federal-state relations that continue to shape the country today.
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The Supremacy Clause
> 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 the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
In essence, it asserts that federal law and treaties made under the authority of the US government are the highest form of law in the country. This clause assumes the priority of federal authority, provided that it is expressed in the Constitution. The Supreme Court has used this clause to establish a robust role for the federal government in managing the nation's affairs, especially in the late eighteenth and early nineteenth centuries.
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Frequently asked questions
The Tenth Amendment to the United States Constitution.
Federalism is a system of government that divides power between a national government and state governments.
The Tenth Amendment states that any powers not explicitly granted to the federal government by the Constitution are reserved for the states or the people.
The Tenth Amendment reinforces the principle of federalism and limited government, ensuring that states maintain a degree of autonomy. It has been used to invalidate certain congressional laws and protect states' rights.
