Jonah Patel
Federalism in the United States refers to the division of power between the federal government and individual state governments, as outlined in the US Constitution. This system of government, established in 1787, allows for a powerful central government while preserving the liberty of the governed. Federalism has evolved through four distinct phases in US constitutional history: post-Founding, post-Civil War, post-New Deal, and from the Rehnquist Court to the present. The COVID-19 pandemic highlighted the relevance of federalism in modern times, as it allowed individual states to implement policies and combat the virus as they saw fit. The US Constitution contains provisions such as the Supremacy Clause, which establishes federal law as superior to state law, and the Tenth Amendment, which reserves powers to the states unless delegated to the federal government. Federalism in the US Constitution embodies the concept of shared sovereignty and a system of checks and balances between the national and state governments.
| Characteristics | Values |
|---|---|
| Federalism refers to | The division of power between the federal government and individual state governments |
| The separation of powers | |
| A powerful central government | |
| Preservation of the liberty of the governed | |
| A unified national government of limited powers | |
| A distinct sphere of autonomy for state governments | |
| The general police power to create and enforce laws within their borders | |
| The ability for states to check the federal government and vice versa | |
| The ability for states to choose their methods of addressing issues like the COVID-19 pandemic | |
| The ability for states to promote the health, safety, and welfare of their residents | |
| The ability for states to retain constitution-making rights | |
| The ability for states to have a substantial influence over the constitutional amendment process | |
| The ability for states to have a noncentralized party system | |
| The ability for the federal government to exercise certain powers over the states |
Explore related products
What You'll Learn
Federalism and the sharing of powers
Federalism is a concept that refers to the division and sharing of power between the national and state governments. In the United States, federalism is a key feature of the Constitution, which outlines the terms by which power is divided and shared between the federal government and the individual state governments. This system of government was established by the Framers, who sought to create a unified national government with limited powers while preserving a sphere of autonomy for state governments to exercise their authority.
The Constitution replaced the Articles of Confederation, which gave most of the power to the states, with a strong national government that had the power to act on behalf of the citizenry. However, the Founders also wanted to preserve a key role for the states, and so they established a system of federalism, dividing power between the national and state governments. The Tenth Amendment to the Constitution reserves powers to the states as long as those powers are not delegated to the federal government, and it provides states with the general police power to create and enforce laws within their borders.
The Supremacy Clause in Article VI of the Constitution establishes federal law as superior to state law, stating that the Constitution and federal laws made pursuant to it shall be the supreme law of the land. This means that when federal and state laws conflict, federal law supersedes state law. Article I, Section 8 of the Constitution describes specific powers, known as enumerated powers, that belong to the federal government. These include the power to regulate commerce between states and to provide for the common defence.
The Fourteenth Amendment further constrained the powers of the states by forbidding them from violating the fundamental rights of their citizens. It granted Congress the power to enforce these constraints, thereby preventing states from infringing on the privileges and immunities of their citizens, depriving them of life, liberty, or property without due process, and denying them equal protection.
Federalism has evolved over time in the United States, with different eras, including post-Founding, post-Civil War, post-New Deal, and the modern era, each bringing its own nuances to the interpretation and application of federalism. Federalism allows for a powerful central government while preserving the liberty of the governed and enabling states to have a substantial influence on the constitutional-amending process. It also allows separate governments to check each other, as Alexander Hamilton wrote in The Federalist No. 28, where he noted that power rivals can use each other as instruments of redress when their rights are invaded.
Enumerated Powers: Understanding the Constitution's Limits
You may want to see also
The Supremacy Clause
Federalism refers to the division and sharing of power between national and state governments. The US Constitution replaced the Articles of Confederation in 1787, shifting from a treaty among sovereign states to a new constitution ratified by the people.
> "This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding."
This clause means that federal law supersedes state law in cases of conflict. It reinforces the sharp division of federal and state power, with the Supreme Court applying it in ways that uphold dual federalism. The Court has also developed the doctrine of field preemption, where federal legislation implicitly prevents states from adopting laws on the same subject.
Executive Orders: Implied or Constitutional?
You may want to see also
The Tenth Amendment
Federalism, a concept embodied in the US Constitution, refers to the division and sharing of power between the national and state governments. The Tenth Amendment, added to the Constitution as part of the Bill of Rights in 1791, is a key expression of federalism. It states that any powers not explicitly granted to the federal government by the Constitution are reserved for the states or the people.
The amendment's purpose is to reinforce the notion that the federal government has only the powers specifically enumerated in the Constitution. This has been interpreted to mean that states retain their sovereignty, freedom, and independence unless powers are expressly delegated to the federal government. The amendment has been used by states to assert their exemption from certain federal regulations, particularly in labour and environmental controls.
The Supreme Court has also invoked the Tenth Amendment to determine that Congress has exceeded its constitutional powers and infringed upon state sovereignty. Notably, in New York v. United States (1992), the Supreme Court ruled that the federal government could not compel states to enforce federal law, specifically regarding the disposal of low-level radioactive waste.
UK's Unwritten Constitution: Time for Change?
You may want to see also
Explore related products
The role of state governments
The US Constitution outlines federalism, or the division and sharing of power between national and state governments. State governments within the United States hold legal and administrative jurisdiction within their bounds, but they are not sovereign in the Westphalian sense in international law. This means that each state does not have complete sovereignty over its territory and domestic affairs, and they are not recognised as such by other sovereign states.
All state governments are modelled after the federal government and consist of three branches: executive, legislative, and judicial. The executive branch of every state is headed by an elected Governor, and most states have a plural executive, with several other key members of the executive branch directly elected by the people, including the Lieutenant Governor, Attorney General, and Secretary of State.
The legislative branch of state governments consists of two chambers: a smaller upper house, or Senate, and a larger lower house, most often called the House of Representatives. Together, these two chambers make state laws and fulfil other governing responsibilities. The judicial branch in most states has a court of last resort, usually called the Supreme Court, which hears appeals from lower state courts.
State governments have a large role in many areas, but they also share administrative responsibility with local and federal governments. For example, highways are divided among the three different levels of government, and states classify roads into primary, secondary, and local levels. Additionally, state governments put more money towards education than any other cost, with approximately 15,000 school districts around the country, each governed by its own school board.
The Tenth Amendment to the Constitution reserves powers to the states, as long as those powers are not delegated to the federal government. This means that states have all powers not expressly granted to the federal government by the Constitution.
Who Petitioned James Madison to Write the Constitution?
You may want to see also
Federalism in modern times
Federalism is a mode of political organisation that unites separate states or polities within a single overarching system, allowing each state to maintain its integrity. It is a multi-layered concept of social and political life, with the first forms of federalism emerging in ancient times through alliances between tribes or city states. In the modern era, federalism was first adopted by a union of the states of the Old Swiss Confederacy in the mid-14th century.
In the context of the US Constitution, federalism refers to the division and sharing of power between the national and state governments. The US Constitution replaced the Articles of Confederation, which was essentially a treaty among sovereign states. The Constitution provided the national government with powers it lacked under the Articles, allowing it to act on behalf of the citizenry directly. The Framers intended to establish a unified national government with limited powers, while preserving a sphere of autonomy for state governments to exercise their authority.
The US Constitution contains the Supremacy Clause, which establishes the supremacy of federal law over state law. The Tenth Amendment reserves powers to the states unless delegated to the federal government. The Fourteenth Amendment further constrained state governments by forbidding them from violating the fundamental rights of their citizens.
In modern times, federalism in the US has evolved through four distinct phases: post-Founding, post-Civil War, post-New Deal, and from the Rehnquist Court to the present. The interpretation and enforcement of federalism have been contested, with judges and scholars disagreeing on how its basic principles should be realised. The Supreme Court has played a crucial role in determining the boundaries between federal and state powers, invoking constitutional provisions to check congressional overreach.
Federalism continues to shape political debates and policies in the US. It remains a dynamic concept, adapting to societal changes and reflecting the ongoing negotiation between centralisation and state autonomy.
Salmon Superpowers: Strengthening Your Eight Constitution Regimen
You may want to see also
Frequently asked questions
Federalism is the sharing of power between national and state governments.
Federalism is important because it allows the separate governments to check each other, preventing one from having too much power.
One downside of federalism is that it can lead to inconsistencies in policies and laws across different states, as seen during the COVID-19 pandemic when different states adopted different approaches to combat the virus.
Federalism is expressed in the US Constitution through the division of power between the federal government and the individual state governments. This is achieved through the separation of powers, where the national government is divided into three branches, each with its own roles and authorities.
Specific examples of federalism in the US Constitution include the Tenth Amendment, which reserves powers to the states unless delegated to the federal government, and the Supremacy Clause in Article VI, which establishes federal law as supreme over state law.
