Simone Lawson
Federalism is a system of government that divides power between national, state, and local governments, each with its own defined powers. In the United States, the Constitution, ratified in 1788, established federalism as a fundamental principle of its government. The Constitution outlines the division of powers between the federal government and the states, with the Tenth Amendment securing states' rights by stating that powers not delegated to the federal government are reserved for the states. This system of federalism aimed to balance national authority with local self-rule, allowing states to establish their own laws while also creating a unified national government. The ratification of the Constitution by the states, with the support of figures like Alexander Hamilton, James Madison, and John Jay, marked a significant shift towards federalism in the US, shaping the country's political landscape and influencing other nations' constitutions.
| Characteristics | Values |
|---|---|
| Number of levels of government | At least 2 |
| Nature of levels of government | National, state, and local |
| Powers of levels of government | Each level has unique and shared powers |
| Nature of shared powers | Taxation |
| Nature of unique powers | National: defence, armed forces, foreign policy, trade, citizenship, macroeconomic policy, national infrastructure; State: public schools, public health, regulation of trade, law enforcement, roads |
| Power sharing | Power is shared between the national and state governments |
| Bargaining and negotiated coordination | Emphasized as a prelude to the exercise of power |
| Dispersed power centres | Safeguard individual and local liberties |
| Constitutional characteristics | Written constitution outlines the terms by which power is divided or shared |
| Constitutional amendment | Requires participation and approval of state legislatures or their conventions |
| Territorial democracy | Use of areal divisions to ensure neutrality and equality in representation |
| Local autonomy | Allows for the representation of diverse groups |
| Political responsibility | Assigns political responsibility |
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What You'll Learn
The Tenth Amendment
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 significant because it reinforces the principles of federalism, ensuring that the federal government has limited powers and that states maintain their autonomy in all other areas. This concept of federalism is a key feature of the US Constitution, aiming to balance national authority with local self-rule across a large and diverse nation.
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The Necessary and Proper Clause
Federalism is the principle of having different levels of government—national, state, and local—each with constitutionally defined powers. The Constitution has many examples of the federalism principle in its organisation of the United States government. Firstly, the proposed Constitution itself had to be ratified by nine of the thirteen popular state ratifying conventions to become the supreme law of the land.
The Supreme Court has interpreted the Necessary and Proper Clause as an extension of the other powers vested in the Federal Government, most notably Congress’s enumerated Article I powers. Since the landmark Supreme Court case of McCulloch v. Maryland (1819), this clause of the Constitution has been interpreted as giving implied powers to Congress in addition to enumerated powers. With a unanimous decision, the Court held that Congress has an implied power to establish a bank, since a bank is a proper and suitable instrument to aid in Congress’ enumerated power to tax and spend. McCulloch v. Maryland held that federal laws could be necessary without being "absolutely necessary" and noted, "The clause is placed among the powers of Congress, not among the limitations on those powers."
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The Articles of Confederation
The Articles outlined a Congress with representation not based on population – each state would have one vote. Ratification by all 13 states was necessary to set the Confederation into motion. Virginia was the first state to ratify, on December 16, 1777, and 12 states had ratified the Articles by February 1779. Maryland was the final state to ratify the Articles on February 2, 1781, and Congress was informed of its assent on March 1, officially proclaiming the Articles of Confederation to be the law of the land.
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The Federalist Papers
The essays explain specific provisions of the Constitution in detail and address concerns that the federal government would supersede the states. For example, Federalist No. 39 focuses on the limited powers of the federal government and the continuing sovereignty of the states, arguing that the proposed government cannot be deemed a national one. The Federalist Papers also promoted state ratification of the Constitution, reflecting the basic concept of federalism embodied in the Constitution, which refers to the division and sharing of power between the national and state governments.
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The Civil War
During the Civil War, the federal government organized state militia units into a large national army, established close relationships with railroads, munitions manufacturers, and other military suppliers, and made numerous arrests of draft opponents and critics of the administration's policies. The longevity and intensity of the conflict bolstered the national government at the expense of the states.
The experience of the Civil War compelled citizens to make significant changes to the structure of American federalism. Secession posed a direct challenge to the idea of a federal union, and the repudiation of secession enshrined the permanence of the union and the supremacy of the nation-state. The process of emancipation during the war forced the national government to assume powers that Americans would have been unlikely to grant it before the conflict.
In the post-war period, the federal government sought to establish its role within the federal system, provoking resistance from the states seeking to protect their interests. The national government's victory in the war and its assumption of new powers during the conflict shifted the balance of power towards the national government. This shift was further solidified by the ratification of the Reconstruction Amendments, which included the Thirteenth Amendment abolishing slavery, the Fourteenth Amendment restricting state power and expanding federal power, and the Fifteenth Amendment guaranteeing African Americans the right to vote.
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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.
Federalism is a key principle of the US Constitution, which outlines a system of government with shared powers between the national and state governments. The Constitution also provides limits on states, such as preventing them from exercising legitimate powers of the national government.
The US Constitution was drafted by 55 delegates appointed by the Second Continental Congress in 1787. It was then ratified by nine of the thirteen states, including New Hampshire, which was the ninth and final state needed for ratification.
The US Constitution outlines a federal system of government with shared powers between the national and state governments. Examples of federalism in the Constitution include the Senate, which represents state interests, and the Electoral College, which gives states a voice in presidential elections.
