Isabella Carter
Federalism is a system of government that divides power between a central authority and various constituent units of the country. It is a concept that is interpreted differently in various constitutions. The US Constitution, as originally ratified in 1788, outlines the relationship between the federal government and the states. The reserved powers of the state governments can be described as those not specifically granted to the national government or denied to the states. The federal government's powers are outlined in the Constitution and include the right to tax, preventing financial problems, and addressing the scope of congressional authority. The Supreme Court plays a role in interpreting the Constitution and has upheld principles such as states' inability to interfere with federal government activities. Constitutional checks and balances are designed to minimize the threat of tyranny from any one branch of the government.
| Characteristics | Values |
|---|---|
| Prevent tyranny | By dividing powers of the government |
| Right to tax | To avoid financial problems of the Articles of Confederation |
| Judicial decrees and contracts made in one state | Binding and enforceable in another state |
| Scope of congressional authority | Under the commerce clause |
| National and state governments | Operate in almost totally separate spheres |
| New Deal programs | Led to an era of federalism often referred to as Cooperative Federalism |
| Constitutional checks and balances | Minimise the threat of tyranny from any one branch of the government |
| Reserved powers of the state governments | Not specifically granted to the national government or denied to the states |
| Impeachment procedures | Can be put into motion by ordinary citizens |
| First Amendment | Provides the people with a common interest |
| Bicameral system | Keeps the House of Representatives from becoming too strong |
| Election frequency | Holds the House of Representatives accountable |
| Federal government and the states | Have separate but overlapping powers; where these powers conflict, the federal government prevails |
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What You'll Learn
The federal government and states have separate and mutually exclusive roles; neither controls the other
Federalism is a constitutional arrangement where power is divided and shared between a central government and regional or state governments. In the United States, federalism is characterised by "dual sovereignty", where the states have surrendered many of their powers to the federal government, but also retained some sovereignty.
Dual federalism is a theory that holds that the federal and state governments both have power over individuals, but that power is limited to separate and distinct spheres of authority. Each government is neither subordinate to nor liable to be deprived of its authority by the other. This interpretation of the Constitution was predominant from 1789 to 1901.
Under dual federalism, the federal government's authority was limited to foreign affairs, military affairs, and commerce with foreign nations, between the states, and with the Indian tribes. The national government’s authority over interstate commerce included responsibility for currency, weights and measures, patents and copyrights, and bankruptcy laws. All other powers not defined in the Constitution or prohibited to the states were reserved for the states. These powers, often called the police powers, include responsibility for the public’s health, safety, and welfare, as well as the suppression of violent crime and the vindication of its victims.
The theory of dual federalism survived the Civil War, which expanded the national government's sphere of authority and confirmed the supremacy of federal laws and the inviolability of the union. However, consistent with dual federalism, the national government refrained from regulating the domestic affairs and intrastate commerce of the states.
Dual federalism was seriously challenged by the Industrial Revolution, which saw the federal government expand its regulatory power, bringing about the demise of Enumerated Powers Federalism. The federal government could now regulate in areas once governed exclusively by the states, and could even regulate the states themselves.
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The federal government's right to tax
Federalism, as enshrined in the US Constitution, refers to the balance of power between the different levels of government. It involves a "dual sovereignty" or dual federalism, where states have surrendered some powers to the federal government while retaining sovereignty in certain areas. The federal government's right to tax is a key aspect of this power dynamic.
The Taxing Clause of Article I, Section 8 of the Constitution grants Congress the power "to lay and collect taxes". This clause addresses the collective action failures of the Articles of Confederation, where states struggled to adequately fund the national government due to free-riding by other states. The Taxing Clause provides the federal government with robust taxing authority, enabling it to raise funds for national defence and the general welfare of the United States.
The McCulloch v. Maryland (1819) case exemplifies the federal government's taxing authority. In this case, the Supreme Court suggested that redress for misuse of the taxing power lies with the political process, where citizens can vote politicians out of office. However, there are constitutional limits to Congress's authority under the Taxing Clause. These limits are defined by provisions protecting individual rights. For instance, taxing individuals for criticising the federal government would violate the Free Speech Clause.
While the federal government has the primary authority to levy taxes, the states also play a role in taxation. The federal government's power to tax is not unlimited, and states have the right and duty to resist any unconstitutional acts, including those related to taxation. This dynamic between the federal government and the states showcases the complex interplay of powers in the US federal system.
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The reserved powers of state governments
The Tenth Amendment was ratified in 1791 as part of the Bill of Rights. It confirms that the federal government has limited powers and that any powers not explicitly granted to it are reserved for state and local governments. This amendment helps to maintain a balance of power between the federal government and the states, allowing states the freedom to experiment with different ideas and programs.
State governments are modeled after the federal government and consist of three branches: executive, legislative, and judicial. The executive branch is led by the governor, who has the power to appoint officials, veto bills passed by the legislature, and perform other functions similar to those of the U.S. President. The legislative branch consists of a state legislature, with a presiding officer and a Speaker who leads the lower house. The judicial branch interprets state laws and ensures that the executive and legislative branches remain within their constitutional bounds.
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Checks and balances
Federalism, as outlined in the United States Constitution, incorporates a system of checks and balances designed to maintain a delicate balance between the powers of the federal government and those of the state governments. This system of dual sovereignty acts as a safeguard against the concentration of power and ensures that neither level of government can exert dominance over the other. The checks and balances inherent in federalism serve to protect the rights and liberties of citizens by preventing governmental overreach and promoting accountability.
At its core, federalism distributes powers so that the federal government and state governments have separate and overlapping authorities. The Constitution grants specific enumerated powers to the federal government, such as regulating interstate commerce and declaring war. Meanwhile, the Tenth Amendment reserves powers not delegated to the federal government to the states or the people, giving states authority over areas like law enforcement, education, and public welfare.
The system of checks and balances within federalism operates at multiple levels. Firstly, it ensures that neither level of government can infringe upon the powers reserved for the other. For instance, the federal government cannot pass laws that supersede state authority in areas like local policing or state elections. Similarly, states cannot enact laws that contradict or impede the exercise of federal powers, such as imposing tariffs that interfere with interstate commerce regulations.
Additionally, the judicial branch plays a crucial role in maintaining the balance through judicial review. Federal and state courts interpret and apply the law, ensuring that both levels of government adhere to constitutional boundaries. The Supreme Court of the United States serves as the final arbiter, resolving disputes between federal and state laws or actions and ensuring that the principles of federalism are upheld.
Furthermore, federalism encourages innovation and policy experimentation at the state level. States can serve as "laboratories of democracy," implementing diverse approaches to governance and policy matters. Successful initiatives or reforms at the state level can then inform and influence national policy, providing a bottom-up approach to lawmaking that reflects the diverse needs and preferences of the American people.
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The role of the House of Representatives
The House of Representatives is one of Congress's two chambers (the other being the Senate) and is part of the federal government's legislative branch. The House's unique structure, functions, and role in American democracy highlight its connection to civic engagement and empower citizens to influence the legislative process.
The House of Representatives plays a crucial role in the American system of government, serving as the chamber that most directly reflects the will of the people. With its 435 members elected every two years, the House provides citizens with frequent opportunities to influence the legislative process. This structure ensures that representatives remain closely attuned to the concerns and desires of their constituents.
The House holds several crucial responsibilities within the U.S. government. Its primary function is to legislate, working in tandem with the Senate to create and pass bills. The House has the exclusive power to initiate revenue bills, significantly influencing fiscal policy. It also plays a vital role in the system of checks and balances, with the authority to initiate impeachment proceedings against federal officials, including the president.
The House is also deeply involved in the federal budget process, particularly in initiating and shaping appropriations bills. The House Budget Committee crafts a budget resolution that sets overall spending levels and revenue targets for the upcoming fiscal year. The House Appropriations Committee then holds hearings to examine budget requests and the needs of federal programs, producing appropriations bills to fund various aspects of the federal government within the established spending limits.
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