Isabella Carter
Federalism, a system of government in which the same territory is controlled by two levels of government, is a basic concept embodied in the US Constitution. The US Constitution establishes a system of dual sovereignty, with the national government and state governments sharing power. Article I, Section 8 of the US Constitution outlines the overall scope of federal power and federalism. It is also known as Enumerated Powers Federalism, where the national government has limited powers and state governments retain some autonomy. Federalism has evolved over four distinct phases in US constitutional history: post-Founding, post-Civil War, post-New Deal, and from the Rehnquist Court to the present.
| Characteristics | Values |
|---|---|
| Federalism | Division and sharing of power between national and state governments |
| Federalism at the Founding | Enumerated Powers Federalism |
| National government | Limited and enumerated powers |
| State legislative powers | Limited by their own constitutions |
| Post-Founding | Treaty among sovereign states |
| Post-Civil War | 13th Amendment, eliminating the power of states to enforce slavery |
| Civil Rights Act of 1866 | |
| 14th Amendment, forbidding states from violating the fundamental rights of their citizens | |
| Post-New Deal | Expansion of federal power |
| Rehnquist Court to today | Supreme Court systematically neutered the Fundamental Rights Federalism of the Reconstruction Amendments |
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What You'll Learn
The Civil War's impact
The Civil War had a profound impact on the concept of federalism in the United States and shaped the way power is distributed between the federal government and the states. Before the Civil War, the country had a loose confederation of states, with a weak central government and strong state governments. Each state had its own constitution and maintained a significant amount of autonomy. However, the Civil War challenged this structure and led to a realignment of federal-state relations.
One of the key impacts of the Civil War was the expansion of federal power. The war effort required a strong central government to coordinate resources, raise armies, and manage the economy. The federal government assumed new powers, such as the ability to levy income taxes, regulate interstate commerce, and establish a national currency. The Reconstruction Era that followed the war further solidified federal authority, as the federal government took an active role in overseeing the reconstruction of the former Confederate states and protecting the rights of newly freed slaves.
The Fourteenth Amendment, ratified in 1868, was a significant outcome of the Civil War and had a lasting impact on federalism. The amendment granted citizenship and equal protection under the law to all persons born or naturalized in the United States, limiting the ability of states to infringe upon individual rights. It also introduced the Due Process Clause, which has been interpreted to apply select portions of the Bill of Rights to the states, further expanding federal power.
The Civil War also led to the establishment of a stronger Supreme Court and a more robust system of judicial review. The Court's power to strike down laws that violate the Constitution was affirmed, and it became a key arbiter of federal-state disputes. The Court played a crucial role in interpreting the post-war amendments and defining the boundaries of federal and state authority.
In addition, the Civil War had a lasting impact on the political and cultural unity of the nation. It resolved the question of whether a state had the right to secede from the Union, affirming the permanence and supremacy of the federal government. The war also fostered a sense of national identity and patriotism, as Americans rallied around the flag and the ideals of liberty and democracy. This sense of unity and shared purpose carried over into the post-war era, influencing the development of national policies and a more integrated economy.
Overall, the Civil War transformed the federal system by creating a stronger federal government with expanded powers and a more defined role in protecting individual rights and maintaining national unity. The war's impact on federalism continues to shape the country's political and legal landscape, influencing the balance of power between the states and the federal government in the modern era.
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The 13th and 14th Amendments
Federalism refers to the division and sharing of power between the national and state governments. The US Constitution has undergone four distinct phases of federalism since its founding: post-founding, post-Civil War, post-New Deal, and from the Rehnquist Court to the present day.
The 13th Amendment, passed by Congress on January 31, 1865, and ratified on December 6, 1865, abolished slavery in the United States. It states that "neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction".
The 13th Amendment was enacted in the wake of the Civil War, by the Republicans in the Thirty-Eighth Congress. However, Southern states responded by enacting Black Codes, using their police powers to oppress newly freed slaves. This led to the creation and passage of the Civil Rights Act of 1866, which was enforced using the 13th Amendment's power.
The 14th Amendment was then created to further solidify these protections. It forbade states from violating the fundamental rights of their citizens, placing new federal constraints on all states. It also prevented states from violating the privileges and immunities of their citizens, depriving anyone of life, liberty, or property without due process, and denying anyone equal protection.
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Enumerated Powers Federalism
Federalism is one of the most important and innovative concepts in the US Constitution, though the word never appears in the document. The concept refers to the division and sharing of power between the national and state governments.
The Founders struck a balance by granting the new national government limited and enumerated powers, leaving the regulation of intrastate commerce to the states. State legislative powers were almost exclusively limited by their own constitutions. Federalism at the Founding can therefore be described as "Enumerated Powers Federalism". The national government was conceived as one of limited and enumerated powers, while the powers of the states were everything else.
The Enumerated Powers Federalism is contained in Article I, Section 8, often referred to as the "great laundry list of congressional chores". This includes the power to:
- Lay and collect taxes
- Pay debts and borrow money
- Regulate commerce
- Coin money
- Establish post offices
- Protect patents and copyrights
- Establish lower courts
- Declare war
- Raise and support an Army and Navy
The list also included the power to make all laws "necessary and proper" to carry out the enumerated powers. Also known as the Elastic Clause, this allowed Congress to stretch its powers to fit its needs.
The most broad-ranging power of the federal government has become the Commerce Clause, which grants Congress the authority to legislate on matters concerning interstate commerce. This includes the power to prohibit or place conditions on the movement of goods or people from state to state.
Federalism has waxed and waned since its founding, and federal-state relations have always been contested. Federalism underwent four distinct phases during four different eras in US constitutional history: post-Founding, post-Civil War, post-New Deal, and from the Rehnquist Court to today.
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Dual sovereignty
Federalism in the United States refers to the "'dual sovereignty' system of government established by the Constitution, in which power is shared between the national government and state governments. This system of government is outlined in Article I, Section 8 of the Constitution, which describes the overall scope of federal power.
Under this system, the States have surrendered many of their powers to the Federal Government, but have also retained some sovereignty. This balance was struck by granting the national government only limited and enumerated powers, with the powers of the states comprising everything else. The national government was conceived as one of limited powers, with state legislative powers being almost exclusively limited by their own constitutions.
Federalism has evolved over time, with four distinct phases: post-Founding, post-Civil War, post-New Deal, and from the Rehnquist Court to the present day. The Civil War was a significant turning point, as the Thirteenth Amendment eliminated the power of states to enforce slavery within their borders. The Fourteenth Amendment further curtailed state powers, forbidding them from violating the fundamental rights of their citizens.
The Supreme Court has frequently played a role in interpreting the Constitution's provisions on federalism, sometimes limiting the power of the federal government and upholding state sovereignty, as in the case of National League of Cities v. Usery. However, in other cases, the Supreme Court has been accused of systematically neutering the Fundamental Rights Federalism of the Reconstruction Amendments, as in the cases of The Slaughter-House Cases (1873) and Plessy v. Ferguson (1896).
In summary, federalism in the United States establishes a system of "dual sovereignty," with power shared between the national government and state governments, and the Constitution outlining the scope of federal power and the rights retained by the states.
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Supreme Court's role
The Supreme Court has played a significant role in interpreting and shaping federalism in the United States. Federalism, as a concept, refers to the division and sharing of power between the national and state governments, creating a system of "dual sovereignty". While the Constitution does not explicitly delineate the boundaries between federal and state powers, the Supreme Court has been instrumental in interpreting and enforcing these boundaries.
One of the Court's primary roles has been to determine whether Congress has exceeded its constitutional powers and infringed upon state sovereignty. The Court has invoked various constitutional provisions, such as the Supremacy Clause in Article VI and the Commerce Clause in Article I, Section 8, to establish the limits of federal power. The Supremacy Clause establishes federal law as superior to state law, providing a basis for the doctrine of federal preemption. The Commerce Clause grants Congress the authority to legislate on interstate commerce, impacting the balance of power between the federal and state governments.
The Supreme Court has also played a pivotal role in shaping the evolution of federalism through significant cases across different eras. For example, in the post-Civil War era, the Court's decisions in cases like The Slaughter-House Cases (1873) and Plessy v. Ferguson (1896) undermined the Fundamental Rights Federalism of the Reconstruction Amendments. In the post-New Deal era, the Court employed strategies to curb the expansion of federal power that emerged during that time.
Additionally, the Supreme Court has interpreted and enforced the protections afforded to citizens under federalism. Following the enactment of the Fourteenth Amendment, which placed constraints on states' powers, the Court ensured that states could not violate the privileges and immunities of their citizens, deprive them of life, liberty, or property without due process, or deny them equal protection. The Court's interpretations of these constitutional provisions have had a significant impact on safeguarding individual rights and maintaining the balance of power between the federal and state governments.
Overall, the Supreme Court's role in federalism has been dynamic and influential. Through its interpretations and rulings, the Court has shaped the understanding and application of federalism in the United States, impacting the division of powers and the protection of individual liberties.
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Frequently asked questions
Article I, Section 8 of the US Constitution talks about federalism and the overall scope of federal power.
Federalism is a system of government where the same territory is controlled by two levels of government. In the US, federalism refers to the division and sharing of power between national and state governments.
Federalism has waxed and waned since the founding of the US, and federal-state relations have always been contested. Federalism underwent four distinct phases during four different eras in US constitutional history: post-founding, post-Civil War, post-New Deal, and from the Rehnquist Court to today.
Enumerated Powers Federalism is a term used to describe federalism at the founding of the US. The national government was granted limited and enumerated powers, and the powers of the states were everything that remained after that enumeration.
Following the passage of the 14th Amendment, the federal government could prevent states from violating the privileges and immunities of their citizens. This ushered in Fundamental Rights Federalism, which was soon undermined by the Supreme Court through cases such as The Slaughter-House Cases (1873) and Plessy v. Ferguson (1896).
