Omar Bennett
Federalism, or the separation of powers between state and federal governments, was established in the US Constitution to solve the problem of tyranny. The Articles of Confederation, which preceded the Constitution, were seen as a failure as they lacked a strong central government and were considered a loose pact between 13 sovereign states. The Constitution, drafted in 1787, established a federal system that divided power between the national and state governments, with the former being granted limited powers while the latter retained significant autonomy to pass laws as they saw fit. This system aimed to protect individual liberty, ensure a unified national government, and provide a check against both federal overreach and rogue states. Federalism has evolved since its inception, with the Civil War, the New Deal, and various Supreme Court decisions shaping the dynamic between federal and state authorities.
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What You'll Learn
Federalism and the sharing of power
Federalism is a basic principle of the US Constitution, determining how power is divided and shared between national, state, and local governments. It allows for a dialogue between national authority and local self-rule, with each level of government exercising unique and concurrent powers. The Framers of the Constitution sought to establish a unified national government with limited powers while maintaining a sphere of autonomy for state governments to exercise their authority.
The Constitution outlines the powers of the federal government, with the Tenth Amendment reinforcing that powers not delegated to the federal government are reserved for the states or the people. This ensures that state power is protected by limiting the federal government's ability to act. The federal government's powers include declaring war, making treaties, regulating interstate trade, and enacting laws necessary for executing its vested powers.
State governments retain significant autonomy and powers, including regulating intrastate commerce, public schools, public health, law enforcement, and roads. They have the right and duty to interpret the Constitution independently and resist any unconstitutional acts by the federal government. Federalism allows states to check the power of the federal government, ensuring liberty and preventing arbitrary power.
The Supreme Court plays a crucial role in defining the boundaries between federal and state powers, striking down unconstitutional state laws and determining when Congress exceeds its constitutional authority. The system of federalism provides a framework for people with diverse beliefs to coexist within a single nation, allowing for variations in policies such as marriage laws across states.
Federalism has evolved since the ratification of the Constitution in 1788, with different eras marked by shifts in federal-state relations, including post-Founding, post-Civil War, post-New Deal, and the modern era. The Civil War and its aftermath saw significant changes, with the Thirteenth and Fourteenth Amendments constraining states' powers and protecting citizens' rights.
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Federalism and the Supreme Court
Federalism refers to the division and sharing of power between the national and state governments. The Constitution of 1787 replaced the Articles of Confederation of 1781, which was essentially a treaty among sovereign states. The Constitution established a unified national government with limited powers, while allowing state governments to retain a degree of autonomy.
The Supreme Court has played a significant role in interpreting and enforcing federalism. In 1810, the Supreme Court ruled in Fletcher v. Peck that it had the power to strike down an unconstitutional state law. The Court carefully noted its respect for state legislatures while asserting its authority. This established the principle of judicial review, with the Supreme Court acting as the arbiter of federalism and defining the powers of federal and state governments.
The Supreme Court has frequently invoked constitutional provisions to determine whether Congress has exceeded its powers and infringed upon state sovereignty. The Tenth Amendment, for example, reserves powers not delegated to the federal government to the states or the people. The Fourteenth Amendment further constrained state governments by forbidding them from violating the fundamental rights of their citizens.
In recent years, the Supreme Court has emphasised the protection of individual rights and liberties through federalism. In cases like Bond v. United States, the Court highlighted how federalism prevents any one government from having complete jurisdiction over all aspects of public life, thus safeguarding against arbitrary power.
However, there has been criticism of the Court's recent federalism decisions, particularly regarding limits on individual lawsuits seeking to hold states accountable for violations of federal law. The Court has interpreted the Eleventh Amendment broadly to create the principle of "state sovereign immunity," making it more difficult for individuals to bring states to court. This has been seen as prioritising the interests of states over "the rights of the people."
In conclusion, federalism in the United States Constitution establishes a system of dual sovereigns, dividing authority between the federal and state governments. The Supreme Court has been instrumental in interpreting and enforcing federalism, with a recent focus on protecting individual rights. However, there are ongoing debates about the balance of powers and the role of the Court in preserving the principles of federalism.
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Federalism and the Civil War
Federalism refers to the division and sharing of power between the national and state governments. The Constitution of 1787 replaced the Articles of Confederation of 1781, which was America's first attempt to codify federalism. The Constitution established a unified national government with limited powers, while allowing state governments to retain a degree of autonomy.
During the Civil War, conflicts over the extension of federal power emerged, particularly regarding Lincoln's suspension of habeas corpus and the jailing of political prisoners. Lincoln suspended habeas corpus before Congress convened in 1861 to facilitate the movement of troops into the capital. This led to the arrest and military detention of John Merryman, a pro-Confederate saboteur, who blew up bridges in Baltimore County. Merryman's lawyers sought to move his case to civilian courts, but military authorities refused to recognize the writ of habeas corpus.
The State Department, under Secretary William Seward, also arrested and detained hundreds of people, mostly in border states, without trial at the war's start. In February 1862, the War Department took over security, and Secretary Edwin Stanton reduced arrests and established commissions to review the cases of those imprisoned. However, arrests increased again in late 1862 as draft opponents demonstrated against the expansion of federal power. Union authorities arrested at least 15,000 people during the war, including those encouraging desertion or draft resistance.
The Civil War compelled significant changes in American federalism. Secession challenged the idea of a federal union, and its repudiation affirmed the permanence of the union and the supremacy of the nation-state. The emancipation process during the war forced the national government to assume greater powers, and ensuring freedom in the postwar period required expansions of federal authority under new civil rights legislation. The longevity and intensity of the conflict strengthened the national government while diminishing state governments' influence.
The Thirteenth Amendment eliminated the power of states to enforce slavery, but Southern states responded by enacting Black Codes to oppress newly freed slaves. The Fourteenth Amendment was then created to forbid states from violating their citizens' fundamental rights and granted Congress the power to enforce these constraints. These amendments and the Civil War's impact on federalism demonstrated the dynamic nature of federal-state relations and the evolution of American federalism in response to historical events.
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Federalism and the Bill of Rights
Federalism is a basic principle of the US Constitution, determining how power is divided between federal and state governments. The Constitution outlines a system of federalism with different levels of government – national, state, and local – each with constitutionally defined powers.
The Framers of the Constitution 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. This was a response to the challenges of governing a large and diverse nation, where distance created a diversity of interests, needs, and problems. Federalism allowed for a dialogue between national authority and local self-rule.
The Tenth Amendment of the Bill of Rights is particularly important for securing federalism. It ensures that the states retain all powers not granted to the national government, such as regulating intrastate commerce, public schools, public health, law enforcement, and roads. The Constitution also provides limits on state powers, preventing them from exercising legitimate powers of the national government, such as treaties, coining money, regulating foreign trade, and declaring war.
The federal courts, particularly the Supreme Court, became the arbiter of federalism, defining the relative powers of federal and state governments. The Supreme Court has ruled on cases where Congress exceeded its constitutional powers and infringed upon state sovereignty. Federalism has changed over time, with different types such as dual federalism, providing a clear division of power between federal and state governments.
The Bill of Rights, the first ten amendments to the US Constitution, was added to protect the fundamental rights and liberties of citizens. The Fourteenth Amendment, for example, placed new federal constraints on state governments, forbidding them from violating the privileges and immunities of citizens, depriving them of life, liberty, or property without due process, and denying equal protection. The Bill of Rights, therefore, strengthened the federal government's ability to protect citizens' rights, while also preserving the power of states to govern certain areas.
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Federalism and the protection of liberty
Federalism, as a principle, is integral to the US Constitution, determining the division and sharing of power between the national and state governments. The Constitution has many examples of the federalism principle in its organisation of the United States government. Federalism, as a concept, was developed by the Framers to address the challenges of maintaining a republic across a large and diverse nation. The geographical distance between states created a diversity of interests, needs, and problems that required unique government support.
The Articles of Confederation of 1781, America's first attempt to codify federalism, failed. The Constitution of 1787 replaced it, strengthening the national government with powers such as declaring war, making treaties, and regulating interstate trade. The Framers also ensured that the states retained many powers, including those not expressly delegated to the national government, as outlined in the Tenth Amendment. This amendment is crucial for securing federalism and state rights.
The Supreme Court has played a significant role in defining the powers of federal and state governments, striking down unconstitutional state laws and upholding the Constitution. The Supreme Court has the power to override state courts, and it has frequently invoked constitutional provisions to determine when Congress has exceeded its powers and infringed upon state sovereignty. Federalism serves to protect individual liberty from arbitrary power by ensuring that no single government has complete jurisdiction over all aspects of public life.
The Senate, the Electoral College, and the process of amending the Constitution all reflect the principle of federalism, ensuring state interests are represented in national decision-making. Federalism allows for a dialogue between national authority and local self-rule, with each level of government exercising unique and shared powers. This system provides a way for people with different beliefs to coexist in a single nation, allowing for variations in laws and policies between states.
Federalism has evolved since the ratification of the Constitution, with different types of federalism emerging throughout history, including dual federalism, which provides a clear division of power between federal and state governments. Federalism and the Constitution continue to shape the relationship between national and state governments, with federalism serving as a basic organising principle of American government.
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Frequently asked questions
Federalism is a novel separation of state and national powers, dividing and sharing power between the national and state governments.
Federalism solved the problem of state sovereignty by enumerating very few express powers to the federal government, while leaving the state governments with numerous indefinite powers. Federalism also solved the problem of tyranny by acting as a check against rogue states.
Federalism has changed since 1788, with four distinct phases: post-Founding, post-Civil War, post-New Deal, and from the Rehnquist Court to the present. Federalism has also changed in the balance of power between federal and state governments, with the federal government gaining more power over time.
