Jonah Patel
Federalism is a constitutional division of powers between the federal government and individual state governments. It is a system of government that seeks to protect individual liberties by dividing power between different branches of government, allowing each branch to 'check' the power of the others. Federalism is a way of ensuring that the authority to exercise political power cannot be taken away from the general or state governments without common consent. The US Constitution embodies federalism by outlining the terms by which power is divided or shared, and it can only be altered by extraordinary procedures. The Tenth Amendment, for example, reserves powers to the states as long as those powers are not delegated to the federal government. Federalism has been described as a shield and sword to thwart federal encroachment.
| Characteristics | Values |
|---|---|
| Division of power between federal and state governments | Separation of powers |
| Written constitution | The US Constitution |
| Diffused power among self-sustaining centres | Noncentralization |
| Use of areal divisions to ensure neutrality and equality | Territorial democracy |
| Substantial influence over the constitutional-amending process | Federal systems |
| Bargaining and negotiated coordination among power centres | Preservation of liberty |
| Concurrent powers | Taxation, road-building, creating lower courts |
| Supremacy Clause in Article VI | Federal law supersedes state law |
| Dual federalism | Clear division of power |
| Cooperative federalism | Overlapping and shared power |
Explore related products
$55.99 $190
What You'll Learn
Separation of powers
Federalism is a constitutional division of powers between the federal government and individual state governments. The US Constitution outlines the terms by which power is divided or shared, and it can only be altered by extraordinary procedures. The US Constitution also contains the Supremacy Clause, which establishes federal law as superior to state law.
Federalism is a way of ensuring that the authority to participate in exercising political power cannot be taken away from the general or state governments without common consent. This is known as noncentralization, which is strengthened by giving the constituent polities guaranteed representation in the national legislature.
Federalism, in combination with the separation of powers, results in a powerful central government while preserving the liberty of the governed. The separation of powers refers to the division of power between the three branches of government: the legislative branch, the executive branch, and the judicial branch. Each branch has its own roles and authorities and can check the power of the other branches.
The Framers of the US Constitution sought to establish a unified national government with limited powers while maintaining a sphere of autonomy for state governments to exercise their general police power. They aimed to protect individual liberties and freedom by creating a system with divided powers, rather than an all-powerful central government.
There have been different types of federalism in the United States, including dual federalism and cooperative federalism. Dual federalism, also known as "layer-cake" federalism, involves a clear and defined division of power between the federal and state governments, with distinct powers outlined in the Constitution. Cooperative federalism, or "marble-cake" federalism, emerged during the New Deal and is characterized by a flexible relationship between the federal and state governments, with overlapping and shared powers.
Margin Matters: Gastric Cancer's Negative Impact
You may want to see also
Dual federalism
Federalism is a concept embodied in the US Constitution that refers to the division and sharing of power between the national and state governments. Dual federalism, also known as layer-cake federalism or divided sovereignty, is a political arrangement in which power is divided between the federal and state governments in clearly defined terms. Each government exercises its powers without interference from the other.
The era of dual federalism refers to the period when the US Constitution was interpreted as creating separate and distinct spheres of authority between the federal and state governments. This era lasted from 1789 to 1901 and ended during Franklin Roosevelt's presidency in 1937 with the New Deal. During this time, several seminal court cases helped clarify the purview of the federal government. One such case was McCulloch v. Maryland, which concerned the constitutionality of a federally chartered bank. The Supreme Court backed Alexander Hamilton's interpretation of the Constitution, ensuring the bank's legitimacy under the Necessary and Proper Clause.
In practice, the era of dual federalism was messier than the theory, with some overlap, cooperation, and resource sharing between the federal and state governments. There were also conflicts over the proper authority and jurisdiction of each level of government, particularly in the decades before the Civil War. For example, Thomas Jefferson encouraged a version of dual federalism to prevent President Washington from creating a national bank. John C. Calhoun's theory of states' rights also authorized states to nullify federal laws, as seen in South Carolina's rejection of national tariffs in 1832.
US Intelligence Agency: Constitutional Violators or Protectors?
You may want to see also
Cooperative federalism
Federalism is a political system that embodies the diffusion of power among several self-sustaining centres. In the context of the US Constitution, federalism refers to the division and sharing of power between the national and state governments.
The roots of cooperative federalism can be traced back to the administration of Thomas Jefferson, where the national government used land grants to support various state programs, including higher education, veterans' benefits, and transportation infrastructure. The model of cooperative federalism was further expanded during Franklin D. Roosevelt's New Deal, and continued to influence social welfare policies after World War II.
In the modern era, cooperative federalism is characterised by federal mandates that are more exacting and binding, with the national government providing deadlines for compliance and penalties for non-compliance. This shift towards stricter federal standards is exemplified in President Obama's progressive federalism, which allowed states to create stricter regulations while the federal government enforced compliance with federal rules.
The US Constitution and the House of Representatives
You may want to see also
Explore related products
Noncentralization
Federalism refers to the division of powers between the federal government and individual state governments. This constitutional division of powers results in a powerful central government while preserving the liberty of the governed. Federalism is a system that seeks to strike a balance between creating a powerful national government and protecting individual liberties. This is achieved by dividing power in two ways: firstly, at the national level, power is divided between the legislative, executive, and judicial branches; secondly, power is further divided between the national government and the states under federalism.
The existence of a noncentralized party system is crucial for maintaining federal noncentralization. In systems like those in Canada and Latin America, the constituent polities have acquired certain powers of participation, which are then embedded in the unwritten constitution. Noncentralized parties develop from the constitutional arrangements of the federal compact and tend to function as decentralizing forces. For example, in the two-party system of the United States, the parties are coalitions of state parties, and they generally function as national units during presidential elections or for organizing the national Congress.
The diffusion of power is another important concept in noncentralization. This involves dispersing power across multiple self-sustaining centres, emphasizing the virtues of dispersed power centres for safeguarding individual and local liberties. The political principles of federal systems highlight the importance of bargaining and negotiated coordination among these power centres. While the specific characteristics of federal systems may vary, a common element is the presence of a written constitution that outlines the terms of power division and the procedures for altering it.
In the United States, the Constitution plays a crucial role in federalism. It includes the Supremacy Clause, which establishes federal law as supreme over state law, and the Tenth Amendment, which reserves powers to the states unless delegated to the federal government. The Constitution also outlines specific powers belonging to the federal government, referred to as enumerated powers. The division of powers between the federal and state governments has been a source of friction, as seen during the COVID-19 pandemic, where competing levels of authority and jurisdiction posed challenges.
Understanding NYC's Full-Time Residency Requirements for Apartments
You may want to see also
Concurrent powers
Federalism is a political concept that embodies the division and sharing of power between national and state governments. It is a system of government that seeks to establish a unified national government with limited powers while maintaining a sphere of autonomy for state governments to exercise their authority. This is achieved through the diffusion of power, which can be termed noncentralization, where authority is distributed among multiple self-sustaining centres.
In the context of federalism, concurrent powers refer to the authorities shared by both the federal and state governments. These powers are not exclusive to either level of government, and they exist to ensure that both the federal and state governments have a say in critical decisions affecting the people. Examples of concurrent powers include the ability to levy taxes, borrow money, establish courts under the Supreme Court, exercise eminent domain, and define crimes and set punishments.
The concept of concurrent powers is outlined in the United States Constitution, specifically in the Supremacy Clause, Article I Section 8, and the 10th Amendment. The Supremacy Clause establishes the supremacy of federal law over state law, stating that the Constitution and federal laws made pursuant to it are the "supreme law of the land". However, the 10th Amendment reserves powers to the states, as long as those powers are not delegated to the federal government. This amendment is often invoked to protect state sovereignty and prevent federal encroachment.
The distinction between exclusive and concurrent powers is a complex and ongoing challenge. The U.S. Supreme Court plays a crucial role in determining whether federal authority has "occupied the field" to the extent that state action in a specific area is precluded, making federal power exclusive in that domain. This process is known as preemption, and it highlights the dynamic nature of the relationship between federal and state powers.
Immunity Undermines Constitution: Qualified Immunity's Destructive Impact
You may want to see also
Frequently asked questions
Federalism is a constitutional division of powers between the federal government and individual state governments.
Federalism is a way of ensuring that the authority to exercise political power cannot be taken away from the general or state governments without common consent. It also safeguards individual and local liberties.
McCulloch v. Maryland (1819) and Gibbons v. Ogden (1824) illustrate dual federalism in action. The COVID-19 pandemic also demonstrated the importance of individual state police powers, with friction arising between the federal and state governments.
