Simone Lawson
A federal system of government, also known as federalism, is one that divides the powers of government between the national (federal) government and state and local governments. The Constitution of the United States established the federal system, which acts as a compromise between a weak union and giving all power to a national government. In a federal system, each level of government has sovereignty in some areas and shares powers in others. For example, in the US, both the federal and state governments have the power to tax. A federal system is different from a unitary system in that sovereignty is constitutionally split between two territorial levels so that each level can act independently of each other in some areas.
| Characteristics | Values |
|---|---|
| Division of powers between the central government and states | The federal and state governments share and divide powers, each acting independently in some areas |
| Supremacy of the constitution | The constitution is supreme and acts as a safeguard against tyranny |
| Independent judiciary | The authority of courts is essential for the federal structure |
| Bicameral legislature | The federal system has two legislative bodies, such as the Rajya Sabha and Lok Sabha in India |
| Dual government polity | The federal system has two seats of power, with each level having its own agencies and officials |
| Written constitution | A written constitution is essential for maintaining the supremacy of the constitution and preventing misunderstandings |
| Clear division of powers | The constitution clearly defines the powers of each level of government, with the federal government acquiring additional powers over time |
| Flexibility | The federal system can accommodate diversity and changes in territory, such as the formation of new states or the expansion of existing states |
| Protection of rights | Federalism protects the rights of individuals, allowing them to move freely between states with different social and economic policies |
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What You'll Learn
Division of powers
A federal system of government, also known as federalism, is a system that divides powers between the national (federal) government and state and local governments. Each level of government has sovereignty in some areas and shares powers in others.
The US Constitution, for example, provides that powers not specifically granted to the federal government are retained by the states. 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".
In contrast, the Canadian and Indian constitutions state that powers not explicitly granted to the provincial/state governments are retained by the federal government. The Australian Constitution allocates to the Federal government the power to make laws about certain specified matters, with the states retaining all other areas of responsibility.
The Indian Constitution is considered quasi-federal as it has features of both a federal and a unitary system. The Indian model of federalism includes a three-fold distribution of legislative power represented by three lists: the Union List, the State List, and the Concurrent List. The Union List grants more powers to the Centre, allowing the Parliament to override state legislature laws on Concurrent List subjects and make laws on certain State List subjects. The executive in both the Centre and the states is part of the legislature, which goes against the principle of the division of powers.
Federalism enables a state to be both large and diverse by mitigating the risk of a central government turning tyrannical. It allows for the preservation of personal liberty by separating the powers of the government so that one group may not dominate all powers.
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Independent judiciary
Federalism is a system of government that divides power between a national (federal) government and state and local governments. Each level of government has sovereignty in some areas and shares powers in others. The constitutions of some countries, like the United States, Germany, and Australia, provide that powers not explicitly granted to the federal government are retained by the states. In other countries, like Canada and India, the opposite is true: powers not explicitly granted to the provincial/state governments are retained by the federal government.
The Indian Constitution is considered by some to be a quasi-federal system, as it contains features of both a federal and a unitary system. One of the essential features of a federal constitution is the distribution of powers between the Central Government and State Governments. In a federal system, there are two seats of power that are autonomous in their own spheres.
An independent judiciary is a key characteristic of a federal system. The judiciary's role is to uphold the supremacy of the constitution and ensure that the government does not violate it. The Indian Constitution, for example, establishes a dual polity, or a system of double government, with the Central Government and State Government each having their own sphere of authority. The independent and impartial authority of courts is essential for the federal structure of the constitution.
In the United States, the Supreme Court has played a significant role in interpreting the Constitution and determining whether Congress has exceeded its constitutional powers or infringed upon state sovereignty. The Tenth Amendment has been used by the Court to limit Congress's power and invalidate federal statutes. Similarly, in India, the judiciary plays a crucial role in upholding the basic structure of the constitution, which includes the division of powers between the centre and the states.
The independence of the judiciary is essential to maintaining the balance of power between the federal and state governments and ensuring that the rights of the people are protected. It provides a check on the power of the federal government and helps to prevent the concentration of power in a single authority.
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Bicameral legislature
Federalism is a system of government in which sovereignty is constitutionally split between two territorial levels, allowing each level to act independently in some areas. This split helps to prevent a central government from becoming tyrannical. Countries with federal systems include Germany, the United States, Canada, and India.
Bicameralism is a system of government in which the legislature comprises two houses. The modern bicameral system dates back to the beginnings of constitutional government in 17th-century England, and later in continental Europe and the United States. The United Kingdom, which has a bicameral parliament, served as a model for many other parliamentary systems.
The United States is an example of a country with a bicameral legislature, with the House of Representatives and the Senate. The Founding Fathers of the United States favoured a bicameral legislature, with the idea that the Senate would be wealthier and wiser, acting as a stabilising force. Bicameralism created a powerful Congress in the United States, serving as an additional layer of checks and balances.
The process of making a law depends on bicameralism. A bill must pass through both the House of Representatives and the Senate in identical form to become law, which can be time-consuming. Each state, regardless of size, has two senators, who are elected by popular vote.
Many countries have set up bicameral legislatures based on the English and American models, creating large "first chambers" and smaller "second chambers". The bicameral plan is usually found in federal governments, such as those of the United States, Australia, Brazil, and Canada, and in quasi-federal governments, such as those of Germany and India.
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Dual government polity
A federal system of government is a political arrangement that merges a central, federal government with regional governments, typically called states, that function within a single political entity. One of the key features that distinguish a federal system from other forms of government is this dual, or multi-layer, polity. This dual government polity is a fundamental characteristic of federalism, and it ensures that power is shared between the centre and the constituent units, with each layer of government exercising specified powers.
In a federal system, the constitution divides powers and responsibilities between the federal government and the state (or regional) governments. This division of powers creates a vertical arrangement of governance, with the federal government exercising supreme authority over matters of national importance and the states enjoying autonomy in areas of local or regional significance. The constitution typically outlines the respective powers of each layer of government, providing a framework for the functioning of the dual polity.
The dual government polity in a federal system results in shared governance. While the federal government handles issues that concern the entire country, such as defence, foreign affairs, and national economic policies, the state governments are responsible for more localized matters like law enforcement, education, healthcare, and infrastructure development within their respective states. This distribution of powers ensures that decision-making is closer to the people, allowing for more effective and responsive governance.
The relationship between the federal and state governments in this dual polity is often complex and dynamic. While the federal government possesses the ultimate authority to ensure uniformity and consistency across the nation, the state governments provide localized governance that takes into account the unique needs and characteristics of their specific regions. This interplay between the two layers of government requires cooperation, coordination, and, at times, negotiation to resolve conflicts and ensure the smooth functioning of the federation.
The specific distribution of powers in a dual government polity can vary across different federal systems. Some federations may follow a more strict interpretation of federalism, with clearly defined and limited powers for the central government, while others may adopt a more flexible approach, allowing for a greater degree of centralization or decentralization depending on the issue at hand. Nonetheless, the underlying principle of power-sharing between the centre and the states remains a defining feature of federalism.
In conclusion, the dual government polity is a cornerstone of a federal system of constitution, characterized by the division of powers and responsibilities between a central federal government and regional state governments. This arrangement ensures shared governance, with the centre addressing national issues and the states enjoying autonomy in local matters. The dynamic interplay between these two layers of government requires coordination and cooperation, ultimately providing a more responsive and effective governance structure that takes into account the diverse needs and characteristics of the regions within a single political entity.
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Supremacy of the constitution
A federal system of the constitution is a system of government where sovereignty is constitutionally split between two territorial levels, allowing each level to act independently in some areas. Federalism enables a state to be both large and diverse, by mitigating the risk of a central government turning tyrannical.
Federal systems may be differentiated between those whose entire territory is federated, and those where only part of their territory is federated. Some systems are national while others, like the European Union, are supranational.
Federalism in a country can take on different forms. For example, in a "holding together federation", powers are shared between various constituent parts to accommodate the diversity in the whole entity. Here, powers are generally tilted towards the central authority. In a "coming together federation", independent states come together to form a larger unit.
India, for example, is a federal system with a tilt towards a unitary system of government. It is sometimes considered a quasi-federal system as it has features of both a federal and a unitary system.
The Supremacy Clause of the US Constitution establishes the Constitution and federal laws as the "supreme Law of the Land". It states that federal laws made in pursuance of the Constitution take priority over any conflicting rules of state law. The Supremacy Clause was included in the Constitution as a response to problems with the Articles of Confederation, which lacked a similar provision declaring federal law to be superior to state law.
The Supremacy Clause has been interpreted to mean that federal statutes are "supreme" over state law, and that judges in every state are bound by the Constitution and federal laws, notwithstanding any contrary state laws. This principle has been applied by the Supreme Court throughout the nineteenth and twentieth centuries, with the Court invoking the Supremacy Clause to invalidate state laws that conflict with federal statutes.
The Supremacy Clause also establishes a rule of decision for courts adjudicating the rights and duties of parties under both state and federal law. By expressly conditioning the supremacy of federal statutes on their constitutionality, the Supremacy Clause reassures the states that courts will keep the federal government within the bounds of its assigned powers.
However, some critics argue that courts should not seriously review the constitutionality of federal statutes that allegedly exceed the scope of Congress' enumerated powers. They argue that the constitutional structure already protects the states and reduces the need for judicial review of federal power.
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Frequently asked questions
A federal system of government, also known as federalism, divides the powers of government between the national (federal) government and state and local governments. Each level of government has sovereignty in some areas and shares powers in others.
Federalism enables a state to be both large and diverse, by mitigating the risk of a central government turning tyrannical. It also helps to preserve personal liberty by separating the powers of the government so that one government or group may not dominate all powers.
The United States, Germany, Canada, India, Switzerland, and Australia all have federal systems of government.
