Eleanor Finch
Federalism is a system of government in which the same territory is controlled by two levels of government, dividing political power between the national government and the states. The principle of federalism is an important constitutional principle in the American system of self-government. The US Constitution embodies the concept of federalism by dividing and sharing power between the national and state governments. 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. This ensures that the states retain all powers not granted to the national government. The Supremacy Clause in Article VI of the Constitution further establishes the priority of federal law over state law in cases of conflict. Federalism serves to limit the concentration of power, enhance liberty, and allow states to shape policies that serve the diverse needs of their citizens.
| Characteristics | Values |
|---|---|
| Division of power | To limit the dangers of tyranny and preserve the liberties of the people |
| Sharing of power | To enhance freedom |
| Two levels of government | National and state |
| Political responsibility | To assign and not obscure |
| Distinct lines of political accountability | Between citizens and the Federal Government; and between citizens and the States |
| State sovereignty | To preserve a zone of autonomy |
| Enumerated powers | To limit the ability of the federal government to act |
| Written constitution | To outline the terms by which power is divided or shared |
| Diffusing power | To reflect the constitution |
| Permanence of internal boundaries | To maintain stability |
| Noncentralization | To support the existence of different systems of law |
| Empowering states to shape policy | To serve a diverse nation |
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What You'll Learn
Division of power
Federalism in the US Constitution refers to the division of power between the federal government and individual state governments. This is also known as dual federalism or Enumerated Powers Federalism.
The US Constitution establishes a robust federal government with defined but limited powers. The Framers of the Constitution divided power in two ways. Firstly, they divided power at the national level into three branches of government: the legislative branch, the executive branch, and the judicial branch. This separation of powers designates who has the power to act in different areas and allows each branch to check the power of the others.
Secondly, the Framers divided power between the national government and the states under a system known as federalism. This was a solution to the problem of an overly powerful central government, which the Framers had first-hand experience of during British rule. By dividing power between two levels of government, federalism enhances freedom and protects individual liberty from arbitrary power.
The Tenth Amendment reinforces this principle: "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 means that state power is protected by limiting the ability of the federal government to act. The Supreme Court has frequently invoked this amendment when determining that Congress has exceeded its constitutional powers and infringed upon state sovereignty.
Article VI of the US Constitution contains the Supremacy Clause, which establishes federal law as superior to state law. This means that when federal and state laws conflict, federal law supersedes state law. However, the Court has also interpreted the Tenth Amendment as a shield against federal encroachment on state powers.
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Preservation of liberty
Federalism in the US Constitution is a system of government in which the same territory is controlled by two levels of government, dividing and sharing power between the national and state governments. This principle 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 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 means that state power is protected by limiting the federal government's ability to act. The Constitution also outlines specific powers that belong to the federal government in Article I, Section 8.
The Framers of the Constitution sought to preserve liberty by diffusing power between the federal and state governments. This is reflected in the Supreme Court case United States v. Lopez, where it was acknowledged that "the insight of the Framers [was] that freedom was enhanced by the creation of two governments, not one." Federalism, therefore, serves to assign political responsibility and establish two distinct lines of political accountability: one between citizens and the federal government, and the other between citizens and the states.
The accumulation of power by the national government has been a concern throughout the 20th century, with influential political and legal thinkers advocating for the devolution of governmental power to the states and localities. Devolution is argued to better protect and enhance individual liberty by facilitating policy experimentation and spurring interjurisdictional competition. This view challenges the notion that federalism primarily safeguards state sovereignty rather than individual liberty.
In summary, federalism in the US Constitution preserves liberty by dividing and sharing power between the federal and state governments, establishing clear lines of political accountability and enhancing freedom through the creation of two levels of government. The ongoing dialogue and evolution of federalism in the US demonstrate the complex nature of balancing liberty, sovereignty, and effective governance.
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Political responsibility
Federalism is a mode of government that combines a general level of government (a central or federal government) with a regional level of sub-unit governments, dividing governing powers between the two levels. The principle of federalism is an important constitutional concept in the American system of self-government.
In the United States, federalism refers to the division and sharing of power between the national and state governments, with each level of government having constitutionally defined powers. The US Constitution does not clearly delineate the boundaries between the powers of the federal and state governments. However, the Supreme Court has invoked certain constitutional provisions to determine that Congress has exceeded its powers and infringed upon state sovereignty.
The Tenth Amendment is crucial for securing federalism as it ensures that states retain all powers not granted to the national government. This amendment 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 federal government's ability to act.
Article VI of the US Constitution contains the Supremacy Clause, which establishes the supremacy of federal law over state law in cases of conflict. This clause further defines the relationship between the federal and state governments, with federal law taking precedence.
Federalism serves to assign political responsibility by creating two distinct lines of political accountability: one between the citizens and the federal government, and the other between the citizens and the states. This division of power helps limit the dangers of tyranny and preserve the liberties of the people.
In summary, federalism in the US Constitution establishes a system of government with multiple levels, each possessing defined powers. The division of powers between these levels of government helps maintain political responsibility and accountability, ultimately preserving individual liberties.
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State sovereignty
Federalism in the US Constitution refers to the division and sharing of power between the national and state governments. It is a system of government in which the same territory is controlled by two levels of government.
The Supreme Court has played a significant role in interpreting and upholding state sovereignty. Some justices have advocated for a return to the "first principles" of the Founders, who attributed governmental authority to "the consent of the people of each individual state." This view asserts that the federal government's power is limited to those expressly stated in the Constitution, while states have the authority to act unless prohibited by the Constitution. The Court has also invoked state sovereignty to preserve a zone of state autonomy and limit Congress's legislative powers.
State constitutions also play a crucial role in declaring and upholding fundamental principles, including state sovereignty. The concept of state sovereignty in federalism aims to ensure that states can regulate their internal affairs and maintain "entire areas of traditional state concern." This dynamic relationship between state and federal power has evolved over time, with federal-state relations remaining a contested aspect of American governance.
In conclusion, state sovereignty is a fundamental aspect of federalism in the US Constitution, ensuring a balance of power between the national government and the states. This principle has been interpreted and defended by the Supreme Court and is enshrined in state constitutions, allowing states to exercise a degree of autonomy and self-governance.
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Enumerated powers
Federalism is a system of government in which a territory is controlled by two levels of government. The principle of federalism is an important constitutional concept in the American system of self-government. It is a key component of dividing power to limit the dangers of tyranny.
The US Constitution embodies the concept of federalism by dividing and sharing power between the national and state governments. Article I, Section 8 of the US Constitution describes the specific powers delegated to the Federal government, and mostly to Congress. These powers are known as "enumerated powers".
There are 27 enumerated powers specifically delegated to the Federal government in the Constitution. Enumerated powers include the power "to lay and collect taxes, duties, imposts and excises", "to pay debts and provide for the common Defence and general Welfare of the United States", "to regulate commerce with foreign Nations", "to constitute tribunals inferior to the Supreme Court", "to raise and maintain armed forces", "to declare war", and "to establish a Post Office", among others.
The Tenth Amendment is particularly important for securing federalism as it ensures that the states retain all powers not granted to the national government. It states, "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 interpretation of enumerated powers has been controversial, with strict constructionists arguing that Congress may only make laws if it is necessary for carrying out one of its enumerated powers. Loose constructionists, on the other hand, believe Congress has more flexibility in interpreting its powers.
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Frequently asked questions
Federalism is a system of government in which the same territory is controlled by two levels of government. In the case of the USA, federalism is the principle of having different levels of government—national, state, and local—each with constitutionally defined powers.
The USA Constitution embodies the principle of federalism by dividing political power between the national government and the states. The Constitution outlines the terms by which power is divided or shared, and the constitution can be altered only by extraordinary procedures. The Tenth Amendment is particularly important for securing federalism because it ensures that the states retain all powers not granted to the national government.
Federalism is important because it helps to limit the dangers of tyranny by dividing the exercise of power. It also helps to preserve the liberties of the people and allows states to shape policy in ways that serve the diverse nation.
