Jonah Patel
Federalism refers to the division and sharing of power between national and state governments, with the national government being conceived as having limited and enumerated powers. In the US, federalism is a key feature of the Constitution, which outlines the terms by which power is divided and shared between the federal government and the states. The US Constitution has a written constitution that can only be altered by extraordinary procedures, and it establishes a bicameral general government with two chambers: the House of Representatives and the Senate. However, the text of the Constitution does not clearly delineate the boundaries between federal and state powers, and the relationship between federal and state power has been a key point of controversy. This essay will explore the concept of federalism in the context of the US Constitution, including how it has evolved over time and how it compares to other federal systems.
| Characteristics | Values |
|---|---|
| Division and sharing of power between national and state governments | The Framers sought to establish a unified national government with limited powers, while maintaining a sphere of autonomy for state governments to exercise general police power |
| Written constitution | Outlines the terms by which power is divided or shared; can only be altered by extraordinary procedures |
| Diffusion of power | Power is diffused among multiple, self-sustaining centres, ensuring that authority to exercise political power cannot be taken away without common consent |
| Internal boundary permanence | Boundary changes are rare and occur only with the consent of the involved polities |
| Noncentralization | Strengthened by giving constituent polities guaranteed representation in the national legislature and a role in the national political process |
| Bicameral general government | Consisting of a chamber of popular representation proportional to population, and a chamber of equal state-based representation |
| Enumerated powers | The national government has limited and enumerated powers, with the states exercising powers not delegated to the federal government |
| State legislative powers | Limited almost exclusively by their own constitutions |
| State sovereignty | The Constitution includes the Supremacy Clause, which establishes federal law as supreme over state law in conflicts |
| State enforcement of slavery | The Thirteenth Amendment eliminated the power of states to enforce slavery, but they used their police powers to enact Black Codes oppressing freed slaves |
| Civil rights | The Fourteenth Amendment forbade states from violating the fundamental rights of citizens and granted Congress the power to enforce these constraints |
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What You'll Learn
Federalism and the judiciary
Federalism refers to the division and sharing of power between national and state governments. The US Constitution embodies this principle, establishing a unified national government with limited powers while allowing state governments to exercise a degree of autonomy. This system of federalism in the US has evolved over time, with four distinct phases: post-Founding, post-Civil War, post-New Deal, and from the Rehnquist Court to the present.
The US Constitution replaced the Articles of Confederation, which was a treaty among sovereign states. The Founders provided the national government with additional powers and ensured it could act directly on behalf of the citizens. They also granted the national government limited and enumerated powers, leaving the rest to the states. This approach, known as "Enumerated Powers Federalism," aimed to protect state power by restricting the federal government's ability to act.
The Tenth Amendment further reinforces this balance by stating that "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 ensures that states retain powers not specifically delegated to the federal government.
However, the boundaries between federal and state powers are not always clear, and the Supreme Court has frequently invoked constitutional provisions to determine when Congress has exceeded its authority and infringed upon state sovereignty. This interpretation of federalism by the judiciary has been a subject of debate among judges and scholars.
A key controversy is whether the judiciary should enforce the interests of states against the federal government or leave the resolution of such power dynamics to the political process. For example, in Gonzales v. Raich (2005), the Supreme Court upheld Congress's regulation of intrastate cultivation and possession of medical marijuana, stating that the democratic process, where the voices of voters can be heard, takes precedence over legal avenues.
Federalism also encompasses the concept of noncentralization, where power is diffused among multiple self-sustaining centres. This ensures that political power cannot be easily taken away from general or state governments without common consent. The US political system, with its two-party structure and state-based representation in the Senate, embodies this principle of noncentralization.
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Federalism and state sovereignty
Federalism and confederalism share a root in the Latin word foedus, meaning "treaty, pact, or covenant". Initially, the two terms were synonyms, referring to a simple league among sovereign states based on a treaty. However, the meaning of federalism shifted in the 19th century, referring uniquely to the compound political form established by the US Constitution. This form of government involves a division and sharing of power between national and state governments, with each level having a defined sphere of powers under a written constitution and the rule of law.
In the context of the US Constitution, federalism originally referred to the belief in a stronger central government. The Federalist Party supported this idea, while the Anti-Federalists wanted a weaker central government. This is in contrast to the modern usage of the term in Europe and the US, where federalism argues for a weaker central government relative to a unitary state. The US Constitution replaced the Articles of Confederation, which was a loose confederation with a weak central government. The Founders provided the national government with additional powers and ensured it could act directly on behalf of the citizenry. Federalism at the Founding can be described as "Enumerated Powers Federalism", with the national government having limited and enumerated powers, and state governments exercising power over everything else. The Tenth Amendment reinforces this principle, stating that any powers not delegated to the federal government are reserved for the states or the people.
The US Constitution establishes a bicameral general government, with the House of Representatives providing popular representation proportional to population, and the Senate providing equal state-based representation with two delegates per state. This system overlays the pre-existing regional governments of the thirteen independent states, bringing the two levels into a coordinated relationship. Federalism has waxed and waned throughout US history, undergoing distinct phases during the post-Founding, post-Civil War, post-New Deal, and Rehnquist Court eras.
While federalism provides a framework for power-sharing, judges and scholars disagree on its practical implementation. A key point of controversy is whether the judiciary should enforce the interests of the states against the federal government or leave the resolution to the political process. The Supreme Court has invoked constitutional provisions to determine that Congress has exceeded its powers and infringed upon state sovereignty. Successful federal systems are characterised by the permanence of their internal boundaries, with changes requiring the consent of the polities involved. Noncentralization is a key feature, ensuring that political power cannot be taken away from general or state governments without common consent.
Federalism can take various forms, including minimalistic federations with two sub-federal units and multi-regional federations with three or more regional governments. Some federal systems are national, while others, like the European Union, are supranational. At one extreme, a strong federal state has almost all powers, with minimal authority vested in local governments. In contrast, anarchist federalism, as envisioned by Pierre-Joseph Proudhon, is stateless, providing each autonomy with absolute sovereignty and distinct individuality.
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Federalism and the US Constitution
Federalism is a system of government that divides power between a central authority and various constituent regions—in the case of the United States, between the national government and individual state governments. The US Constitution, which replaced the Articles of Confederation in 1787, established a federal system that allocated defined spheres of power to each level of government.
The US Constitution embodies the basic concept of federalism by dividing and sharing power between the national and state governments. The Framers sought to establish a unified national government with limited powers while maintaining a sphere of autonomy for state governments to exercise a general police power. The Constitution outlines specific powers that belong to the federal government, referred to as enumerated or delegated powers. These powers are described in Article I, Section 8, and include the power to regulate interstate commerce and enforce laws necessary and proper for carrying out the enumerated powers. The Tenth Amendment reinforces federalism by stating that powers not delegated to the federal government are reserved for the states or the people. This concept, known as "Enumerated Powers Federalism," ensures that the national government has limited and defined powers, with states retaining regulatory power over intrastate matters.
The US Constitution's federal structure has evolved over time, with federal-state relations being a continuous point of contention. One notable shift occurred after the Civil War, when the Thirteenth Amendment eliminated the power of states to enforce slavery, and the Fourteenth Amendment placed new constraints on state governments to protect citizens' rights and privileges. The Supreme Court has also played a role in interpreting and enforcing federalism by determining when Congress exceeds its constitutional powers and infringes on state sovereignty.
While the US Constitution provides a framework for federalism, the interpretation and implementation of federal principles can vary. Judges and scholars disagree on how to realise federalism, particularly regarding the judiciary's role in enforcing states' interests against the federal government. The US political system reflects a diffusion of power, with a noncentralized party system where state parties function as national units during presidential elections and for organising the national Congress. This noncentralization is further evident in the US legal system, where each state's laws are influenced by English or French legal traditions, creating a mixture of laws even within federal courts.
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Federalism and noncentralization
Federalism refers to the division and sharing of power between national and state governments. The US Constitution embodies this concept, establishing a unified national government with limited powers while allowing state governments to exercise autonomy in a distinct sphere. While the Constitution does not explicitly delineate the boundaries between federal and state powers, it contains the Supremacy Clause, which establishes the supremacy of federal law over state law in cases of conflict.
The US Constitution's approach to federalism and noncentralization has evolved over time. Initially, federalism in the US context referred to a belief in a stronger central government, as advocated by the Federalist Party during the drafting of the Constitution. This stood in contrast to the Anti-Federalists, who favoured a weaker central government. However, the modern usage of "federalism" in the US has shifted closer to the European understanding, arguing for a weaker central government relative to a unitary state.
The interpretation and implementation of federalism have gone through distinct phases in US constitutional history, including post-Founding, post-Civil War, post-New Deal, and from the Rehnquist Court to the present. The Civil War marked a significant shift, with the Thirteenth Amendment curtailing state power over slavery and the subsequent Civil Rights Act of 1866 and Fourteenth Amendment further constraining state powers and expanding federal authority to protect citizens' rights.
In summary, federalism and noncentralization in the US Constitution are characterised by the division and diffusion of power between national and state governments, with noncentralization ensuring that political power is decentralised and subject to common consent. The US political system and legal landscape reflect these principles, demonstrating a dynamic interplay between federal and state authorities over time.
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Federalism and the role of political parties
Federalism is a concept embodied in the US Constitution, referring to the division and sharing of power between national and state governments. The US Constitution contains the Supremacy Clause, which establishes federal law as supreme over state law in cases of conflict.
Political parties in the US have been shaped by the decentralized nature of the country's political system. The US political system, with its separation of powers and federalist structure, has made it challenging for strong parties to form and operate. Political parties in unitary systems tend to be stronger at the national level, while American parties have traditionally been weaker due to the relatively weak national government in the 19th and early 20th centuries.
The Federalist Party, led by Alexander Hamilton, was the first political party in the US and dominated the national government from 1789 to 1801. They advocated for a strong central government, a national bank, and pro-British policies. In contrast, the Democratic-Republican Party, led by Thomas Jefferson, favored states' rights and a narrow interpretation of the Constitution that prohibited a national bank.
The two-party system in the US has evolved, with state parties often functioning as coalitions and gaining prominence during presidential elections and national Congress organization. The Republican Party, the ancestor of today's Democratic Party, organized in opposition to President George Washington's administration and Hamilton's economic policies.
The success of the Union in the Civil War strengthened the national government, and political parties became more influential. The Republican Party supported western development and industrial investment, while the Democrats emphasized decentralization and states' rights.
In summary, federalism in the US Constitution has shaped the role of political parties by fostering a decentralized political landscape. The Federalist Party and the Democratic-Republican Party, the earliest political parties, had opposing views on centralization and states' rights, setting the tone for future partisan battles and shaping the evolution of the two-party system in the US.
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Frequently asked questions
Federalism refers to the division and sharing of power between national and state governments. It involves the diffusion of power among several self-sustaining centres, which is known as noncentralization.
The US Constitution outlines the terms by which power is divided and shared between the federal government and state governments. For example, the Tenth Amendment reserves powers to the states as long as those powers are not delegated to the federal government.
The US Constitution does not clearly delineate the boundaries between the powers of the federal and state governments. As a result, the Supreme Court has frequently invoked constitutional provisions to determine that Congress has exceeded its powers and infringed upon state sovereignty.
