Eleanor Finch
Federalism is a concept that refers to the division and sharing of power between national and state governments. It is a political system that involves democratic representation at two governing levels, with each level having a defined sphere of powers. The US Constitution, for example, establishes a bicameral general government with a House of Representatives and a Senate, allowing for proportional and equal state-based representation. Federalism in the US has evolved over time, with the original meaning shifting from a belief in a stronger central government to a more modern interpretation that aligns with European federalism, advocating for a weaker central government relative to a unitary state. Federalism under the US Constitution has also undergone distinct phases, including post-Founding, post-Civil War, post-New Deal, and from the Rehnquist Court to the present, with the Fourteenth Amendment playing a key role in shaping federal-state relations.
| Characteristics | Values |
|---|---|
| Division and sharing of power between the national and state governments | The federal government is supposed to be a government of limited powers |
| Federal relationship must be established through a perpetual covenant of union | The US Constitution was written as a replacement for the Articles of Confederation |
| Political system must reflect the constitution by diffusing power among self-sustaining centres | Noncentralization ensures that the authority to participate in exercising political power cannot be taken away from the general or state governments without common consent |
| Territorial democracy | Use of areal divisions to ensure neutrality and equality in representation |
| Permanence of internal boundaries | Boundary changes are made only with the consent of the polities involved |
| Noncentralization is supported through different legal systems in the constituent polities | In the US, federal law occupies an interstitial position binding the systems of the 50 states together |
| Constituent polities must have substantial influence over the constitutional-amending process | Changes are often made without formal constitutional amendment |
| Democratic representation at two governing levels | Bicameral general government, consisting of the House of Representatives and the Senate |
| Federal law supersedes state law | Supremacy Clause establishes federal law as superior to state law |
| Enumerated powers | Specific powers are delegated to the federal government, with the Tenth Amendment reserving powers to the states |
| Federalism has waxed and waned since its founding | Federal-state relations have always been contested |
| Federalism changed in the wake of the Civil War | The Thirteenth Amendment eliminated the power of states to enforce slavery |
| The Fourteenth Amendment placed new federal constraints on state governments |
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What You'll Learn
Federalism and the division of power
The US Constitution was written as a replacement for the Articles of Confederation, which had established a loose confederation with a weak central government. The Federalist Party supported a stronger central government, while the "Anti-Federalists" wanted a weaker one. The Constitution provided for democratic representation at two governing levels simultaneously: a chamber of popular representation proportional to population (the House of Representatives), and a chamber of equal state-based representation (the Senate). This established a bicameral general government, with each level of government having a defined sphere of powers under a written constitution and the rule of law.
The Tenth Amendment reinforces the principle of federalism by stating that "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 the states retain all powers not specifically granted to the federal government. The Supremacy Clause in Article VI of the Constitution, on the other hand, establishes federal law as superior to state law, stating that "this Constitution, and the laws of the United States...shall be the supreme law of the land".
Federalism has evolved over time, with four distinct phases: post-Founding, post-Civil War, post-New Deal, and from the Rehnquist Court to the present. The Civil War marked a significant shift in federalism, with the Thirteenth Amendment eliminating the power of states to enforce slavery within their borders, and the Fourteenth Amendment granting Congress the power to enforce constraints on state governments to protect citizens' rights.
While federalism provides a framework for the division of power, judges and scholars disagree on how the basic principles should be realized. A key point of controversy is the role of the judiciary in enforcing the interests of the states against the federal government. Federalism in the US context is unique, and its modern usage has shifted from its original meaning, now arguing for a weaker central government relative to a unitary state.
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Federalism in the US Constitution
Federalism is a basic concept embodied in the US Constitution, referring to the division and sharing of power between national and state governments. The US Constitution outlines the terms by which power is divided or shared, with the national government having limited powers, and state governments maintaining a sphere of autonomy.
The US Constitution contains the Supremacy Clause, which establishes federal law as superior to state law in cases of conflict. Article I, Section 8 of the Constitution describes specific powers, or enumerated powers, belonging to the federal government. The Tenth Amendment reinforces the principle of federalism by reserving powers to the states unless delegated to the federal government. This amendment protects state power by limiting the federal government's ability to act.
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 Civil War marked a significant shift in federal-state relations, with the Thirteenth Amendment eliminating state power to enforce slavery. The Fourteenth Amendment further constrained state governments by granting Congress the power to enforce protections for citizens' privileges, immunities, due process, and equal protection.
Judges and scholars disagree on the interpretation and enforcement of federalism. A key point of controversy is the role of the judiciary in balancing federal and state power. Federal theorists argue that noncentralization is crucial for popular government, and this is reflected in the US Constitution's guarantee of representation for constituent polities in the national legislature. The US political system, with its two-party system and state-level autonomy, exemplifies the principles of noncentralization and federalism.
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Federalism and the judiciary
Federalism, derived from the Latin word "foedus", meaning "treaty, pact or covenant", refers to the division and sharing of power between national and state governments. The US Constitution, which replaced the Articles of Confederation, outlines this federal relationship, with each level of government allocated a defined sphere of powers.
The US Constitution establishes a federal system of government, with both the federal government and each state government having their own court systems. Federalism in the US context originally referred to a belief in a stronger central government, with the Federalist Party supporting this stance during the drafting of the Constitution. This is distinct from modern usage, where "federalism" in Europe and the US tends to imply a weaker central government relative to a unitary state.
The contemporary concept of federalism involves democratic representation at two governing levels, with a bicameral general government. This consists of a chamber of popular representation proportional to population (the House of Representatives) and a chamber of equal state-based representation (the Senate). This system brings the two levels into a coordinated relationship, with each level having a defined sphere of powers under a written constitution and the rule of law.
While federalism in the US context has evolved over time, it continues to be characterised by the diffusion of power and the recognition of state autonomy. The permanence of internal boundaries within federal systems is also a notable feature, with boundary changes requiring the consent of the polities involved.
In the context of federalism and the judiciary, there is disagreement among judges and scholars on how the basic principles of federalism should be realised. A key point of controversy is whether the judiciary should enforce the interests of states against the federal government or leave the resolution of such questions to the political process. This debate highlights the complex dynamics between federal and state powers and the role of the judiciary in interpreting and upholding the principles of federalism.
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Federalism and territorial democracy
Federalism is a mode of government that combines a general level of government (a central or federal government) with a regional level of sub-unit governments (e.g. provinces, states, cantons, territories, etc.), dividing the powers of governing between the two levels. The term "federalism" is situated in the middle of the political spectrum between a confederacy and a unitary state. The US Constitution was written as a replacement for the Articles of Confederation, which had a weak central government.
A third element of any federal system is territorial democracy. This has two aspects: the use of areal divisions to ensure neutrality and equality in the representation of various groups and interests, and the use of such divisions to secure local autonomy and representation for diverse groups within the same civil society. Territorial neutrality has been highly useful in changing societies, allowing for the representation of new interests in proportion to their strength by allowing their supporters to vote. This has been seen in Canada, where the French-Canadian population in Quebec has been accommodated.
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Federalism and the role of the Supreme Court
Federalism, as outlined in the US Constitution, refers to the division and sharing of powers between the national and state governments. This system of dual sovereignty is designed to protect the rights of individuals, with power allocated to both state and federal governments under a written constitution and the rule of law.
The Supreme Court plays a crucial role in interpreting and enforcing federalism. It resolves disputes between the federal and state governments, determining whether a federal law falls within the enumerated powers granted to Congress in the Constitution. For example, in the case of *Seminole Tribe of Florida v. Florida*, the Supreme Court ruled that Congress could not override states' constitutional immunity from lawsuits when regulating interstate commerce.
The Court also addresses conflicts between state and federal laws, with federal law generally taking precedence under the Supremacy Clause. This doctrine of preemption is often litigated, particularly when state laws appear to regulate activities in other states. Additionally, the Supreme Court hears cases regarding Congress's abrogation of states' sovereign immunity, which can occur in limited circumstances.
The role of the Supreme Court in federalism has evolved over time. For instance, the Warren Court focused on protecting federal rights, while the Rehnquist Court emphasised the constitutional dignity of the states. Judges and scholars also disagree on the role of the judiciary in federalism, with some arguing that the resolution of disputes between federal and state powers should be left to the political process.
Overall, the Supreme Court's interpretation and enforcement of federalism are essential in maintaining the balance of power between the federal and state governments and protecting the rights of individuals. The Court's decisions shape the federal-state relationship and impact the ability of individuals to hold states accountable for violations of federal law.
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Frequently asked questions
Federalism is a political system that provides for democratic representation at two governing levels simultaneously.
Federalism in the US has evolved since its founding, with four distinct phases: post-founding, post-civil war, post-new deal, and from the Rehnquist Court to the present. The term federalism originally referred to a belief in a stronger central government, which is different from its modern usage.
Federalism is based on the division and sharing of power between national and state governments, with the national government having limited powers. It also includes the concept of noncentralization, where power is diffused among multiple centres to ensure self-sustaining governance.
Federalism establishes a relationship between state and federal laws, with the Supremacy Clause stating that federal law supersedes state law in cases of conflict. The Tenth Amendment reserves powers to the states unless delegated to the federal government.
