Simone Lawson
Federalism is a crucial concept in the US Constitution, although the term is notably absent from the document. It refers to the sharing of power between the national government and state governments, a compromise designed to balance the disadvantages of unitary and confederal systems. Federalism allows for political independence within an overarching structure, uniting the states while maintaining their distinct identities. The US Constitution is underpinned by the tensions arising from the struggle between the states and the national government, with the former existing first. The Tenth Amendment is a key provision, reserving powers for the states and people, while the Supreme Court has also played a significant role in defining the powers of federal and state governments.
| Characteristics | Values |
|---|---|
| Division of power | Power is shared between national and state governments |
| State autonomy | States have a degree of political independence within an overarching structure |
| Checks and balances | Federalism allows state governments to check the federal government and vice versa |
| State experimentation | States can act as "laboratories of democracy", experimenting with novel government programs |
| State accountability | Citizens can hold their local governments accountable for their actions or inactions |
| Commerce Clause | The federal government has broad power to regulate interstate commerce |
| Supremacy Clause | Federal law is superior to state law |
| Tenth Amendment | Powers not delegated to the federal government are reserved to the states or the people |
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What You'll Learn
Federalism is a compromise
The concept of federalism emerged during the Philadelphia Convention of 1787, where delegates sought to create a new form of government that shared power between the states and a robust central government. This marked a significant shift from the Articles of Confederation, which had granted limited authority to the confederal government. Federalism was intended to address the challenges posed by the vast differences among the newly independent states in terms of history, geography, population, economy, and politics.
The US Constitution recognises the powers of state governments, with the Tenth Amendment reserving all non-delegated powers to the states or the people. This amendment has been interpreted differently over time, with the Supreme Court using it to limit Congress's power in the early 20th century and then rejecting this view after 1937. Federalism allows states to act as "laboratories of democracy," experimenting with novel government programs and policies. It also increases the accountability of elected officials to citizens, as seen during the COVID-19 pandemic, where states had the autonomy to combat the virus according to their local needs and preferences.
However, federalism has also led to power struggles and conflicts between national and state governments. The Supreme Court has played a pivotal role in interpreting and settling these disputes, such as in McCulloch v. Maryland, where the Court ruled that states could not tax a legitimate federal institution. Another example is National Federation of Independent Business v. Sebelius, where the Court held that the Affordable Care Act was constitutional under Congress's power to tax but not under the Commerce Clause.
In conclusion, federalism in the US Constitution is a compromise that seeks to balance power between the national government and state governments. It allows for unity and diversity, providing a framework for the states to unite under a single nation while retaining their political independence and autonomy in decision-making. Federalism has been praised as a significant innovation in modern political science, allowing for a dynamic and adaptable system of government that reflects the diverse nature of American society.
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Division and sharing of power
Federalism is a concept that refers to the division and sharing of power between the national and state governments. It is a basic principle of American government and one of the most important and innovative concepts in the US Constitution, although the word "federalism" never appears in the document. The US Constitution does not specifically define many dividing lines between the layers of government, but the Supreme Court has played a crucial role in interpreting and settling issues related to the power division between the federal and state governments.
The Tenth Amendment is a well-known provision that reinforces federalism by stating that powers not explicitly delegated to the federal government by the Constitution are reserved for the states or the people. This amendment has been used at different times in history to both limit Congress's power and expand federal authority. The Commerce Clause, which grants Congress the power to regulate interstate commerce, is another significant aspect of federalism. This clause has been used to justify various laws and regulations, such as those related to railroads and morality.
The progression of federalism in the US has included dual federalism, cooperative federalism, and New Federalism. Dual federalism, as outlined in the Constitution, provided a clear division of power between the federal and state governments. Cooperative federalism allows for a more flexible relationship between the federal and state governments, with the federal government providing grants and other incentives to encourage states to comply with federal policies. New Federalism, which emerged in the 1960s and 1970s, sought to return power to the states and reduce the role of the federal government.
Federalism serves as a check and balance system, allowing state governments to challenge the federal government and vice versa. This dynamic ensures that neither level of government becomes too powerful and protects against the encroachment of one government's powers by the other. Federalism also allows for innovation and experimentation at the state level, as individual states can act as "laboratories of democracy" and implement novel policies without affecting the entire country. This aspect of federalism increases the accountability of elected officials and allows citizens to hold their local governments accountable for their actions or inactions during emergencies, such as the COVID-19 pandemic.
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Dual federalism
Under dual federalism, the federal government's authority is limited to foreign affairs, military affairs, and commerce with foreign nations, between states, and with the Indian tribes. The national government's authority over interstate commerce includes responsibility for currency, weights and measures, patents and copyrights, and bankruptcy laws. All other powers not defined in the Constitution or prohibited to the states are reserved for the states. These state powers, often called police powers, include responsibility for the public's health, safety, and welfare.
Several seminal court cases have helped clarify the purview of the federal government within the system of dual federalism. For example, McCulloch v. Maryland concerned the constitutionality of a federally chartered bank, with the Supreme Court backing Alexander Hamilton's interpretation of the Constitution over Thomas Jefferson's. In Strauder v. West Virginia, the Court sided with those who wished to overturn a law that excluded black citizens from juries, suggesting a shift towards building a set of cases that enumerated rights based on new amendments.
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The Tenth Amendment
Federalism refers to the division and sharing of power between the national and state governments in the United States. It is a form of political organisation that seeks to distinguish states and unite them, assigning different types of decision-making power at different levels to allow a degree of political independence within an overarching structure.
> 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.
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Checks and balances (allowing states to combat COVID-19 as they saw fit)
Federalism in the United States is the constitutional division of power between state governments and the federal government. The US Constitution does not explicitly outline the dividing lines between the layers of government, but federalism seeks to distinguish states and unite them, assigning different types of decision-making power at different levels. This allows states to exercise a degree of political independence within an overarching structure.
The US Constitution's design of a national government with three distinct, coequal branches is rooted in the principle of "checks and balances". This system is intended to prevent control from falling into "one person's hands", with the framers of the Constitution being "acutely aware of competing interests" and holding a "great distrust of concentrated authority".
During the COVID-19 pandemic, the federal government traditionally dealt with matters of national importance, including virus outbreaks. However, under the presidency of Donald Trump, there was a delay in action, and federal agencies faced interference from the presidency. This suggested an attempt to weaken the role of the federal government and exert control over state powers.
Despite this, the federal government provided various forms of support in response to the pandemic. This included the Federal Reserve announcing $2.3 trillion in loans to small businesses and local and state governments. Additionally, the CARES Act was passed, which included provisions for loans to larger businesses, small business loans, unemployment insurance, stimulus checks, and funding for state and local governments, virus testing, and vaccines.
The COVID-19 pandemic highlighted the role of federalism in the US Constitution, demonstrating the interplay between the federal government and state governments in addressing a national crisis. While the federal government provided resources and guidance, states had the autonomy to implement measures as they saw fit, reflecting the checks and balances inherent in the system.
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Frequently asked questions
Federalism is a concept in the US Constitution that refers to the division and sharing of power between the national and state governments. It allows for a degree of political independence within an overarching structure.
Federalism in the US Constitution is based on the idea of a compromise between unitary and confederal systems, seeking to balance power between national and local needs. It recognises that the federal government has certain powers, such as the broad-ranging Commerce Clause, while reserving others for state governments, such as the Tenth Amendment's protection of states' rights to create and enforce laws within their borders.
Federalism in the US has evolved from the original dual federalism, which provided a clear division of power, to also include cooperative and New Federalism. The progression of federalism has been influenced by historical events such as the Civil War, which shifted power towards the national government. Federalism continues to be a dynamic concept, with ongoing debates about the proper role of the national government versus the states.
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