Eleanor Finch
Federalism is a political system that defines the relationship between a central government and its constituent units. In the United States, federalism is enshrined in the Constitution, which outlines the powers and responsibilities of both the federal government and individual state governments. The Tenth Amendment is a key constitutional provision that guides federalism, reserving powers for the states that are not delegated to the federal government. The Fourteenth Amendment is another important amendment that constrains state governments by preventing them from violating the privileges and immunities of their citizens. Additionally, the Supremacy Clause establishes federal law as supreme over state laws, and the Commerce Clause grants Congress the power to regulate interstate commerce. The interpretation and implementation of these provisions have evolved over time, with different eras of federalism marked by shifts in the balance of power between the federal and state governments.
| Characteristics | Values |
|---|---|
| Basis of Federalism | The Tenth Amendment reserves powers to the states, unless those powers are delegated to the federal government |
| The Fourteenth Amendment forbids states from violating the fundamental rights of their citizens | |
| The Supremacy Clause establishes federal law as superior to state law | |
| Powers of Federal Government | The Federal Government has limited and enumerated powers |
| The Federal Government should only act if there is express or implied authority in the Constitution | |
| Powers of State Governments | State governments have powers that are not expressly prohibited by the Constitution |
| States should be given maximum administrative discretion in national policies administered by them | |
| States should be consulted before any federal action is implemented that would limit their policymaking discretion |
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What You'll Learn
The Supremacy Clause
Federalism is a concept in the US Constitution that establishes the relationship between the national and state governments. One of the key provisions that guide federalism is the Supremacy Clause, which is considered a cornerstone of the United States' federal political structure.
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The Tenth Amendment
> "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."
In essence, the Tenth Amendment reinforces the principle that the federal government's powers are limited to those explicitly granted by the Constitution, with all other powers being reserved for the states or the people. This amendment was designed to address concerns about the potential overreach of the new national government and to ensure that states could fully exercise their reserved powers.
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The Fourteenth Amendment
Section 1 of the Fourteenth Amendment is the most important and well-known part of the amendment. It defines US and state citizenship, stating that all persons born or naturalized in the United States and subject to its jurisdiction are citizens of the United States and of the state in which they reside. This section also protects the privileges and immunities of US citizens, forbidding states from making or enforcing any law that abridges these privileges or immunities. It further states that no state shall deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.
Section 2 of the amendment provides a new formula for representation in Congress, replacing the three-fifths clause of Article 1, Section 2, which counted slaves as three-fifths of a person in calculating representation. It penalizes states that deny males over 21 years of age the right to vote by reducing their basis of representation in proportion to the number of such male citizens denied the vote.
Section 5 of the Fourteenth Amendment provides congressional power of enforcement, allowing Congress to step in and provide legal protection of rights if states systematically fail to do so. This section has been interpreted as empowering Congress to enforce the constraints placed on state governments by Section 1.
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Enumerated Powers Federalism
Federalism is one of the most important and innovative concepts in the US Constitution, though the word never appears in the document. The US Constitution created a federalist system with powers divided between the national government and the states. This is in contrast to most other countries, which have a unified central government with all legislative power.
The US Constitution grants Congress powers that are not specifically enumerated. These are known as implied powers and may be inferred from the Necessary and Proper Clause (Clause 8). This provision gives Congress the right to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and other powers vested in the government of the United States. The Necessary and Proper Clause, also known as the Elastic Clause, has allowed for expanded Congressional power.
The enumerated powers of the US Constitution 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. They also include the powers to tax, regulate interstate and foreign commerce, declare war, and raise and regulate military forces.
The Tenth Amendment to the US Constitution is a well-known provision that guides federalism. It provides that powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States or to the people. The Tenth Amendment has been used by the Supreme Court to invalidate federal statutes.
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The role of the judiciary
The Tenth Amendment is a well-known provision that guides the role of the judiciary in federalism. It provides that powers not delegated to the federal government by the Constitution are reserved for the states or the people. The Court has vacillated between using the Tenth Amendment as a limit on Congress's power and not seeing it as a basis for declaring federal laws unconstitutional. In modern times, the Tenth Amendment has been used by the Supreme Court to invalidate federal statutes.
The Fourteenth Amendment is another crucial constitutional provision that shapes the role of the judiciary in federalism. Section 1 of this amendment forbids states from violating the fundamental rights of their citizens, thereby placing federal constraints on state governments. Section 5 grants Congress the power to enforce these constraints. As a result, the federal government can prevent states from violating the privileges and immunities of their citizens, depriving them of life, liberty, or property without due process, and denying equal protection.
The interpretation and application of these constitutional provisions by the judiciary have evolved over time. For instance, the concept of "Enumerated Powers Federalism" emerged, where the national government was granted only limited and enumerated powers, and states retained regulatory power over intrastate commerce. This balance between federal and state powers has been a recurring theme in the evolution of federalism.
In conclusion, the judiciary's role in federalism involves interpreting and enforcing constitutional provisions like the Tenth and Fourteenth Amendments, which guide the division of powers between the federal government and the states. Judges and scholars may disagree on the approach, but the ultimate goal is to protect individual liberties and ensure that government actions are aligned with the principles of federalism established by the Framers of the Constitution.
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Frequently asked questions
Federalism is a political system where power is distributed between a central authority and various constituent units of the country. In the US, federalism is rooted in the knowledge that political liberties are best assured by limiting the size and scope of the national government.
The Tenth Amendment is a well-known provision that guides federalism. It reserves powers to the states, as long as those powers are not delegated to the federal government. The Fourteenth Amendment is another important provision that forbids states from violating the fundamental rights of their citizens.
Federalism has important implications for policy-making. Executive departments and agencies should closely examine the constitutional and statutory authority supporting any federal action that limits the policymaking discretion of the states. The national government should grant the states maximum administrative discretion and refrain from establishing uniform national standards.
Federalism has waxed and waned since its founding, and federal-state relations have always been contested. Federalism has undergone four distinct phases: post-Founding, post-Civil War, post-New Deal, and from the Rehnquist Court to the present.
