Isabella Carter
Federalism is a principle of the American Constitution that divides power between national, state, and local governments, each with its own constitutionally defined powers. The Constitution replaced the Articles of Confederation in 1787, establishing a national government with limited powers while maintaining a distinct sphere of autonomy for state governments. The Tenth Amendment reserves powers to the states unless delegated to the federal government, and the Supremacy Clause establishes federal law as supreme over state law. The Reconstruction Amendments after the Civil War and the expansion of the national government in the 20th and 21st centuries have shifted the balance of power in federalism. Federalism is a dynamic tension between national authority and local self-rule, impacting issues like education, abortion, and public health responses.
| Characteristics | Values |
|---|---|
| Division and sharing of power | Power is divided and shared between the national and state governments |
| Unified national government | A unified national government with limited powers |
| State autonomy | A distinct sphere of autonomy for state governments |
| Respect for state rules | Federal courts must respect the rules of the states |
| Due process | The Due Process Clause guarantees fundamental fairness in criminal trials |
| Sovereignty | The Tenth Amendment reserves powers to the states unless delegated to the federal government |
| Supremacy | The Supremacy Clause establishes federal law as superior to state law |
| Enumerated powers | The federal government has limited and enumerated powers |
| State legislative powers | State legislative powers are limited by their constitutions |
| Noncentralization | Power is diffused among multiple centres |
| Territorial democracy | Use of areal divisions to ensure representation and equality |
| Permanence | Internal boundaries are stable and changes are rare |
| Constitutional amendment | The constituent polities have influence over constitutional amendments |
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What You'll Learn
The Supremacy Clause
> "This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding."
In other words, when federal and state laws conflict, federal law supersedes state law. This principle is known as federal preemption. The Supremacy Clause also applies to treaties, which are considered equal to federal statutes and superior to state law.
The Supreme Court has played a significant role in interpreting and applying the Supremacy Clause. In a series of early-20th-century decisions, the Court developed the doctrine of field preemption, which holds that some federal legislation implicitly prevents states from adopting laws on the same subject. Conflict preemption, on the other hand, occurs when compliance with both federal and state law is impossible, or when state law poses an obstacle to federal objectives.
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The Tenth Amendment
Federalism in the United States refers to the division and sharing of power between the national and state governments. The Tenth Amendment to the United States Constitution, proposed by Thomas Burke and drafted by Roger Sherman, was ratified on December 15, 1791. It clarifies that any powers not specifically granted to the federal government by the Constitution, nor prohibited to the states, are reserved for the states or the people.
The text of the Tenth Amendment is as follows: "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 is based on the principle that the federal government should only have limited, enumerated powers, and it reinforces the sovereignty and autonomy of the states.
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The Reconstruction Amendments
The 13th Amendment, proposed in 1864 and ratified in 1865, abolished slavery and involuntary servitude, except as punishment for a crime. It transformed the United States from a country described by President Abraham Lincoln as "half slave and half free". The 14th Amendment, proposed in 1866 and ratified in 1868, addresses citizenship rights and equal protection of the laws for all persons. It defines all people born in the United States as citizens, requires due process of law, and mandates equal protection for all. The 14th Amendment transformed the Constitution from a document primarily concerned with federal-state relations and property rights to one that guarantees substantive freedom and protection against misconduct by all levels of government.
The 15th Amendment, proposed in 1869 and ratified in 1870, prohibits federal and state governments from denying a citizen the right to vote based on "race, color, or previous condition of servitude". It was the last of the Reconstruction Amendments and was passed after the narrow election of Ulysses S. Grant to the presidency in 1868, which convinced Republicans of the importance of protecting the franchise of black men.
While the Reconstruction Amendments were a significant step towards establishing equality for black Americans and guaranteeing the freedom of the formerly enslaved, their promise was eroded by state laws and federal court decisions in the late 19th century. Important Supreme Court decisions that undermined these amendments include the Slaughter-House Cases in 1873 and Plessy v. Ferguson in 1896, which gave federal approval to Jim Crow laws that limited the rights of African Americans. It was not until the Supreme Court decision in Brown v. Board of Education in 1954, and the passage of civil rights legislation in the 1960s, that the full benefits of the Reconstruction Amendments were realized.
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The balance of power
Federalism in the United States is a principle that establishes different levels of government—national, state, and local—each with constitutionally defined powers. The Constitution, which replaced the Articles of Confederation in 1787, serves as the basis for American federalism. It outlines the division and sharing of power between the federal and state governments, with the national government possessing limited and enumerated powers, and states retaining autonomy in areas not delegated to the federal government.
However, over time, the balance of power has shifted, with the national government's influence and control over the American economy and people's lives growing significantly in the 20th and 21st centuries. This expansion of federal power has led to efforts by politicians to devolve power back to the states to restore the balance of federalism. The Supreme Court has also played a crucial role in interpreting and enforcing the constitutional boundaries between federal and state powers.
The Constitution contains provisions that address the balance of power, such as the Tenth Amendment, which reserves powers to the states unless delegated to the federal government. The Fourteenth Amendment, enacted after the Civil War, further altered the balance by imposing constraints on state governments and expanding federal power to protect citizens' rights and prevent violations of privileges and immunities.
The relationship between the national and state governments has been a subject of debate throughout American history, with disagreements over national laws and policies often rooted in the constitutional powers of each level of government. The interpretation and enforcement of federalism have evolved through different historical eras, including post-Founding, post-Civil War, post-New Deal, and the contemporary era.
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The historical development of American federalism
Federalism in the United States has its roots in the country's early political development, with America's first attempt to codify federalism being the Articles of Confederation of 1781. This document, which served as a treaty among sovereign states, was replaced by the Constitution of 1787, which established a unified national government with limited powers while preserving a sphere of autonomy for state governments to exercise their authority. The Constitution, with its Supremacy Clause, affirmed the supremacy of federal law over state law, and the Tenth Amendment reserved powers for the states unless delegated to the federal government.
The Civil War and its aftermath significantly altered federal-state dynamics. The Reconstruction Amendments (the 13th, 14th, and 15th Amendments) abolished slavery, guaranteed African Americans the right to vote, and imposed substantial restrictions on state power, shifting the balance towards greater federal power. The 14th Amendment, in particular, prevented states from violating the privileges and immunities of their citizens and ensured due process rights.
Over time, the growth of the national government and its bureaucracy in the 20th and 21st centuries further shifted the balance of power under federalism. This expansion of federal authority has led to ongoing debates and efforts to devolve power back to the states to restore the balance. Federalism continues to play a crucial role in shaping policies on issues such as education, public health, immigration, and gun control.
American federalism, as a principle, upholds the division and sharing of power between different levels of government, including national, state, and local, each with constitutionally defined powers. This system facilitates dialogue between national authority and local self-rule, allowing for the unique needs and interests of diverse communities to be addressed.
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Frequently asked questions
Federalism is the principle of having different levels of government—national, state, and local—each with constitutionally defined powers.
The constitutional basis for American federalism is found in the United States Constitution, which outlines the division and sharing of power between the national and state governments.
Federalism has waxed and waned in the US since its founding, with four distinct phases: post-Founding, post-Civil War, post-New Deal, and from the Rehnquist Court to today. The balance of power between the federal and state governments has shifted over time, with the national government gaining more power in the 20th and 21st centuries.
The Thirteenth, Fourteenth, and Fifteenth Amendments fundamentally altered the relationship between the federal and state governments by banning slavery within states, defining national citizenship, preventing states from violating citizens' rights, and protecting the right to vote for African Americans and black males.
Key Supreme Court cases that have interpreted federalism in the US include McCulloch v. Maryland, New York v. United States, and National League of Cities v. Usery. The Court's decisions in these cases have shaped the understanding of the constitutional basis for federalism and the division of powers between the federal and state governments.
