Federalism: The Constitution's Excerpt On Power Division

Federalism is a system of government in which power is divided between a central authority and constituent political units. In the context of the US Constitution, federalism refers to the division and sharing of power between the national and state governments. Federalism has evolved through 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 the present. The Tenth Amendment to the Constitution is particularly significant in illustrating this principle of federalism.

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The Tenth Amendment

Federalism refers to the division and sharing of power between the national and state governments. The Tenth Amendment to the United States Constitution, proposed by Thomas Burke and introduced by James Madison, was ratified on December 15, 1791. It clarifies that any powers not specifically granted to the federal government by the Constitution, nor withheld from the states, are reserved for the states or the people.

The full text of the 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 was designed to address concerns about the scope of the federal government and to ensure that it could not infringe on the liberties of the people. It is regarded as a key component of federalism, limiting the federal government to only the powers explicitly granted to it by the Constitution.

The amendment has been deemed a "'truism'" by the Supreme Court, suggesting that it merely states what was already implied in the original Constitution. However, it remains a significant component of the Bill of Rights, reinforcing the principles of federalism and limited government.

Division of power

Federalism is a system of government in which power is divided between a central authority and constituent political units. In the context of the US Constitution, federalism refers to the division and sharing of power between the national and state governments. The Framers sought to establish a unified national government with limited powers while maintaining a distinct sphere of autonomy for state governments to exercise a general police power.

The Tenth Amendment to the Constitution is particularly significant in illustrating this principle of federalism. It states: "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 means that if the Constitution does not empower the federal government to take action, nor does it prevent the states from doing so, the states retain that authority. This system is essential because it limits the powers of the federal government, allowing states to govern themselves in matters not expressly reserved for the national government.

The principle of federalism helps maintain a balance of power, ensuring that states retain their authority unless explicitly stated otherwise in the Constitution. Federalism has waxed and waned since the founding of the United States, 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 the present.

In the post-Civil War era, federalism changed significantly. The Thirteenth Amendment eliminated the power of states to enforce slavery within their borders. However, Southern states used their remaining police powers to enact Black Codes to oppress newly freed slaves. This led to the creation of the Fourteenth Amendment, which further protected the rights of individuals against state governments.

State sovereignty

The Tenth Amendment has been invoked by the Supreme Court to curb federal overreach and protect state sovereignty. This interpretation of the amendment acts as a "'shield and sword' against federal encroachment on state powers. The court's rulings have helped maintain a balance of power between the federal and state governments, upholding the principle of federalism.

The concept of state sovereignty is deeply rooted in the history of the United States. Prior to the Constitution, the Articles of Confederation recognised the states as sovereign entities, with the national government possessing limited powers. The Constitution, ratified by the people in state conventions, granted additional powers to the national government while preserving state sovereignty in certain areas.

The evolution of federalism and state sovereignty has occurred across multiple eras, including post-Founding, post-Civil War, post-New Deal, and the modern era. The Civil War, for instance, marked a significant shift in federalism, with the Thirteenth Amendment curtailing state powers over slavery. However, the Southern states utilised their police powers to enact Black Codes, leading to the creation of the Fourteenth Amendment to protect the rights of newly freed slaves.

Despite the existence of the Tenth Amendment, debates persist regarding the interpretation and implementation of federalism. Judges and scholars disagree on the role of the judiciary in enforcing state interests against the federal government. Some argue for a political process that allows voters to influence federal-state power dynamics, as seen in Gonzales v. Raich, where the democratic process was highlighted as a means for respondents to have their voices heard in Congress.

In conclusion, state sovereignty is a cornerstone of federalism in the United States, enshrined in the Tenth Amendment. The dynamic nature of federalism has resulted in a complex interplay between federal and state powers, with the Supreme Court playing a pivotal role in interpreting and safeguarding state sovereignty. The ongoing dialogue and evolution of federalism demonstrate its enduring significance in the US political system.

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Federal encroachment

The US Constitution defines the powers of the federal government and binds the United States together. Federalism is a basic concept embodied in the Constitution, referring to the division and sharing of power between national and state governments. The Tenth Amendment is a well-known provision that serves as a shield against federal encroachment, stating that any powers not delegated to the United States by the Constitution are reserved for the states or the people.

Despite this, there have been instances of federal encroachment on state sovereignty. One notable example is the Federal Mandate/Federal Encroachment on State Sovereignty Audit Act, included in the 1995 ALEC Sourcebook of American State Legislation. This act aims to protect state sovereignty by making states aware of the impact of federal government actions at the state legislative level. It includes the designation of a federal mandate/federal encroachment on state sovereignty auditor, who is responsible for making an inventory of all federal mandates and encroachments, calculating their costs, and issuing annual reports.

Another example of federal encroachment is the "adoption" program, where federal agencies collaborate with state police and prosecutors to circumvent state restrictions on asset seizures. This program was reinstituted by the current administration's Department of Justice, despite being abandoned by the previous administration out of respect for federalism. The program represents a gross intrusion upon state police power, as it allows federal agencies to bypass state laws and seize assets without a conviction, which is not required under federal law.

In addition, the federal government has sued the State of California over the California Values Act of 2017, asking the US Supreme Court to hear the case. This is seen as another instance of federal encroachment on state police power, as the federal government seeks to enforce federal immigration laws. Similarly, in the Montana Department of Revenue v. Espinoza case, the Supreme Court held that states have the right to strengthen the Establishment Clause liberty with state-specific statutes, which some argue is a federal encroachment on state power.

Furthermore, in August 2023, the ATF proposed a rule requiring universal background checks for gun sales between private citizens. This has been criticised as an egregious overreach by the federal government, as it would require individual Americans to obtain a federal firearms license, conduct background checks, and complete gun registration paperwork even for a single firearm sale. In response, legislation such as the Stopping Unconstitutional Background Checks Act and the Reining in Federal Licensing Enforcement (RIFLE) Act has been proposed to block the enforcement of such intrusions and provide recourse through an appeals process.

Judicial enforcement

Federalism is a system of government in which power is divided between a central authority and constituent political units. In the context of the US Constitution, federalism refers to the division and sharing of power between the federal government and individual states.

The Tenth Amendment to the Constitution is particularly significant in illustrating this principle. The excerpt from the Tenth Amendment that expresses the principle of federalism is:

> "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 excerpt from the Tenth Amendment highlights the division of powers between the federal government and the states, with states retaining their authority unless the Constitution explicitly states otherwise. This system limits the powers of the federal government, allowing states to govern themselves in matters not expressly reserved for the national government.

The Supreme Court has frequently invoked constitutional provisions to determine that Congress has exceeded its constitutional powers and infringed upon state sovereignty. One well-known provision, regarded by the Court as a shield against federal encroachment, is the Tenth Amendment. The Court has also invoked state sovereignty to preserve a zone of state autonomy and built out a modern version of enumerated powers federalism by interpreting New Deal federalism as the "high-water mark" of federal power.

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. During the post-Civil War era, federalism changed with the enactment of the Thirteenth Amendment, which eliminated the power of states to enforce slavery within their borders. However, Southern states used their police powers to enact Black Codes to oppress newly freed slaves, leading to the creation of the Fourteenth Amendment to protect individual rights.

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