Eleanor Finch
Federalism is a key feature of the US Constitution, and it has evolved through four distinct phases: post-Founding, post-Civil War, post-New Deal, and from the Rehnquist Court to the present day. The Constitution outlines a federal system with limited powers, where states retain autonomy in areas not delegated to the federal government. This principle, known as Enumerated Powers Federalism, is expressed in Article I, which establishes Congress's legislative powers. The Tenth Amendment further reinforces state power by stating that any powers not granted to the federal government are reserved for the states or the people. Federalism has been a subject of debate, with judges and scholars disagreeing on the balance of power between federal and state governments. Amendments, such as the Thirteenth and Fourteenth, have also shifted the federal-state dynamic by limiting states' powers over slavery and protecting citizens' fundamental rights.
| Characteristics | Values |
|---|---|
| Federalism in the Constitution | Diffuse power to preserve liberty and protect individuals from arbitrary power |
| Ensure freedom by creating two governments | |
| Allow states to experiment with government programs | |
| Limit federal government's powers | |
| Protect state powers by limiting federal powers | |
| Preserve states' power over their citizens | |
| Balance between national and state powers | |
| Preserve fundamental rights of citizens | |
| Prevent states from violating citizens' privileges and immunities | |
| Ensure due process and equal protection | |
| Prevent states from denying citizens the right to vote based on race | |
| Allow Congress to regulate intrastate economic activity | |
| Regulate in areas previously exclusive to states |
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What You'll Learn
Enumerated Powers Federalism
Federalism is a crucial concept in the US Constitution, though the term itself is not mentioned in the document. The Constitution outlines a federalist system, dividing power between the national government and the states. This system is known as "Enumerated Powers Federalism", with the national government's powers being limited and enumerated, and the states retaining powers over their own citizens.
The Tenth Amendment to the Constitution further emphasises Enumerated Powers Federalism by recognising the powers of state governments. It states that powers not granted to the federal government by the Constitution are reserved for the states or the people. This amendment was an attempt to preserve states' rights and limit the power of the national government.
Over time, the balance between federal and state powers has shifted. The New Deal era, for example, saw an expansion of federal power, with the Court interpreting the Commerce Clause and the Necessary and Proper Clause to allow federal regulation of intrastate economic activity that substantially affects interstate commerce. This effectively diminished Enumerated Powers Federalism, as the federal government could now regulate areas previously under the exclusive jurisdiction of the states.
Despite these shifts, Enumerated Powers Federalism remains a fundamental aspect of the US Constitution, shaping the relationship between the national government and the states and ensuring a balance of powers.
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The role of the judiciary
The judiciary's role in interpreting and enforcing federalism has evolved over four distinct phases: post-Founding, post-Civil War, post-New Deal, and from the Rehnquist Court to the present. Judges and scholars disagree on how the basic principles of federalism should be realised. A key point of contention is whether the judiciary should actively enforce the interests of the states against the federal government or leave the resolution of such power dynamics to the political process.
For example, in Gonzales v. Raich (2005), the Supreme Court upheld Congress's regulation of intrastate cultivation and possession of marijuana for medical use, citing its Commerce Clause power. In this case, the judiciary intervened to define the boundaries of federal and state powers. However, some scholars argue that the federal judiciary should not decide constitutional questions involving federalism and instead leave them to the political process.
The Fourteenth Amendment, enacted after the Civil War, also played a significant role in shaping the judiciary's role in federalism. It forbade states from violating the fundamental rights of their citizens and granted Congress the power to enforce these constraints. This amendment expanded the federal government's authority to protect citizens' privileges, immunities, due process, and equal protection.
In conclusion, the judiciary's role in federalism is complex and evolving. While judges interpret and enforce the principles of federalism outlined in the Constitution, they also navigate the dynamic relationship between the federal government and the states. This role involves balancing the limited powers of the national government with the autonomy of state governments, ensuring that the rights and interests of citizens are protected.
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The Tenth Amendment
The amendment's significance lies in its role as a safeguard against federal overreach. By clearly delineating the boundaries of federal power, it ensures that states maintain their autonomy and can act independently in areas not expressly delegated to the federal government. This dynamic, often referred to as Enumerated Powers Federalism, underscores the principle that Congress may act only when authorised by the Constitution, whereas states enjoy broader latitude to act unless specifically prohibited.
While the Tenth Amendment provides a crucial framework for understanding the balance of power between the federal government and the states, its interpretation and enforcement continue to be subjects of debate among legal scholars and judges. The dynamic nature of federalism and the evolving relationship between the federal and state governments highlight the ongoing relevance of the Tenth Amendment in shaping American governance.
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The Civil War's impact
The US Constitution is based on the principle of federalism, which seeks to preserve liberty by diffusing power between the federal government and the states. The Civil War had a significant impact on the structure of American federalism, challenging the very idea of a federal union and leading to a shift in the balance of power between the two.
Before the Civil War, the US Constitution sanctioned the institution of slavery, as seen in the Fugitive Slave Clause and the Three-Fifths Rule, and federal courts recognised the constitutionality of slavery in states that allowed it. During the 1860 presidential campaign, Lincoln pledged not to interfere with slavery in states where it existed. However, the process of self-emancipation by slaves escaping to Union Army camps, the longevity of the conflict, and the need to keep foreign powers out of the war led Lincoln to reconsider his position.
Lincoln's issuance of the Emancipation Proclamation represented a significant shift in authority on the divisive issue of slavery. The experience of the Civil War compelled citizens to make changes to American federalism, strengthening the federal government at the expense of the states. The national government assumed powers that few Americans would have granted it before the conflict, such as organising state militia units into a large national army and establishing close relationships with railroads, munitions manufacturers, and other military suppliers.
The Republicans in the Thirty-Eighth Congress enacted the Thirteenth Amendment, which eliminated the power of states to enforce slavery within their borders. The Fourteenth Amendment further expanded federal constraints on state governments, granting Congress the power to enforce those constraints and prevent states from violating the privileges and immunities of their citizens. These amendments ensured the permanence of the federal union and the supremacy of the nation-state over the states.
The Civil War also impacted the expansion of federal power during the New Deal era. The Court interpreted Article I, Section 8, to give Congress the power to regulate intrastate economic activity that substantially affects interstate commerce. This interpretation brought about the demise of Enumerated Powers Federalism, as the federal government could now regulate in areas previously governed exclusively by the states, including regulating the states themselves.
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The New Deal's expansion of federal power
The New Deal, enacted from 1933 to 1939 by President Franklin D. Roosevelt, was a response to the Great Depression, aiming to provide immediate economic relief and address necessary reforms in various sectors, including industry, agriculture, finance, water power, labour, and housing. This expansion of federal power was grounded in the belief that a strong federal government was necessary to lift America out of the economic crisis.
The New Deal represented a significant shift in the relationship between the federal government and the American people. It challenged the traditional American political philosophy of laissez-faire and embraced the concept of a government-regulated economy. Roosevelt's administration quickly passed a wide variety of programs, known as the First New Deal, within the first three months of taking office, which became known as the Hundred Days.
During this period, Roosevelt's first priority was to address the widespread unemployment that had left one out of every four people out of work. Agencies such as the Works Progress Administration (WPA) and the Civilian Conservation Corps (CCC) were established to provide emergency aid, temporary jobs, and employment on construction projects. The WPA alone provided jobs for approximately 8.5 million people, resulting in the construction of an impressive number of roads, public buildings, bridges, and parks.
The New Deal also sought to regulate the nation's financial system to prevent a recurrence of the 1929 stock market crash and subsequent bank failures. The Federal Deposit Insurance Corporation (FDIC) insured bank deposits in member banks of the Federal Reserve System, while the Securities and Exchange Commission (SEC) was established to protect investors and restore confidence in the stock market by ending misleading sales practices. Additionally, the Agricultural Adjustment Administration (AAA) attempted to raise prices by controlling the production of staple crops through cash subsidies to farmers.
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Frequently asked questions
Federalism is a system of government in which power is divided between a central authority and various constituent units of the country. In the US, federalism is best described as "Enumerated Powers Federalism", where the national government has limited powers and the states have power over everything else.
The US Constitution talks about federalism in Article I, which created Congress: "All legislative powers herein granted shall be vested in a Congress of the United States". The Tenth Amendment reinforces the principle of federalism by stating: "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".
Federalism has evolved since the Founding, with four distinct phases: post-Founding, post-Civil War, post-New Deal, and from the Rehnquist Court to today. Federalism changed after the Civil War when the Thirteenth Amendment was enacted, eliminating the power of states to enforce slavery. Federalism was also impacted by the New Deal, which expanded federal regulatory power and brought about the demise of Enumerated Powers Federalism.
Federalism has several advantages, including protecting individual liberty from arbitrary power by diffusing power across multiple governments. It also allows states to experiment with novel government programs as "laboratories of democracy". Federalism ensures that the national government has limited powers and cannot act arbitrarily, while allowing states to have autonomy over their own affairs.
