Federalism: States' Rights And National Powers

Federalism is a basic concept embodied in the US Constitution, referring to the division and sharing of power between the national and state governments. The US government is considered a federal system because powers are divided between the state and national governments. The Constitution outlines the terms by which power is divided or shared, and it can only be altered by extraordinary procedures. Federalism has waxed and waned since its founding, 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 day. The Roberts Court has continued to invoke state sovereignty to preserve a zone of state autonomy and build out a modern version of enumerated powers federalism.

Explore related products

Examples & Explanations for Constitutional Law: National Power and Federalism (Examples & Explanations Series)

$33 $74.95

Educational Accountability and American Federalism

$48.95 $51.99

The Federalist Papers (Signet Classics)

$8.12 $8.95

Examples & Explanations for Constitutional Law: National Power and Federalism (Examples & Explanations Series)

$59.81 $76.95

School's In: Federalism and the National Education Agenda (American Government and Public Policy)

$43.51 $35.25

Trump, the Administrative Presidency, and Federalism

$37 $37

Division of powers

Federalism is a political system in which power is divided or shared between a central authority and various constituent regions, also known as states. The US Constitution, for example, embodies the principle of federalism by dividing powers between the national government and state governments.

The division of powers in federalism serves to establish a unified national government while preserving a sphere of autonomy for state governments to exercise their authority. This diffusion of power, or noncentralization, ensures that political power is decentralised and that the authority to participate in political decision-making is shared between the general and state governments.

In the US, the Constitution outlines the division of powers between the federal and state governments, with each branch having distinct responsibilities. While the national government holds powers such as taxation and law enforcement, the states retain powers in areas like police power and legislation. For instance, in the aftermath of the Civil War, the Thirteenth Amendment stripped the states of their power to enforce slavery, but the Southern states retained police powers, which they used to enact Black Codes to oppress freed slaves.

The Supreme Court has played a crucial role in interpreting and enforcing the division of powers between the federal and state governments. The Tenth Amendment, for instance, has been invoked by the Court to prevent federal encroachment on state sovereignty. Judges and scholars, however, disagree on the role of the judiciary in enforcing federalism, with some arguing that the resolution of disputes between federal and state powers should be left to the political process.

The division of powers in federalism is not static and has evolved over time. Federalism in the US has gone through four distinct phases: post-Founding, post-Civil War, post-New Deal, and from the Rehnquist Court to the present. Each era has witnessed shifts in the balance of power between federal and state authorities, reflecting the dynamic nature of federalism.

State sovereignty

The interpretation and enforcement of state sovereignty have evolved over time. In the early days of the US, the Articles of Confederation established a treaty among sovereign states, with limited powers vested in the national government. The Constitution, ratified by the people in state conventions, granted additional powers to the national government while preserving state sovereignty.

The Civil War marked a significant shift in federal-state relations. The Thirteenth Amendment, enacted by Republicans in the Thirty-Eighth Congress, abolished slavery and curtailed states' powers to enforce it. However, Southern states quickly enacted Black Codes, using their police powers to oppress freed slaves. This prompted Republicans in the Thirty-Ninth Congress to pass the Civil Rights Act of 1866 and, later, the Fourteenth Amendment to enshrine these protections in the Constitution.

The Roberts Court has continued to invoke state sovereignty to preserve a zone of state autonomy and limit congressional power. This strategy involves identifying where state power begins to mark the boundaries of Congress's authority. Judges and scholars disagree on the role of the judiciary in enforcing state interests against the federal government, with some arguing for leaving these questions to the political process.

Federal-state relations

Federalism in the United States refers to the division and sharing of power between the national and state governments. The Constitution outlines the terms by which power is divided or shared, and it can only be altered by extraordinary procedures. The US government is considered a federal system because powers are divided between the state and national governments.

The relationship between federal and state power has 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 day.

In 1787, the Constitution replaced the Articles of Confederation, which was essentially a treaty among sovereign states. The new Constitution was ratified by the people in state conventions, rather than by state legislatures. The Founders provided the national government with powers it lacked under the Articles and ensured it could act on behalf of citizens directly.

During the debates over the ratification of the Constitution, Federalists and Anti-Federalists disagreed most strongly over the division of powers between the national and state governments. The Framers sought to preserve liberty by diffusing power, and federalism protects the liberty of individuals from arbitrary power.

The Supreme Court has frequently invoked certain constitutional provisions when determining that Congress has exceeded its powers and infringed upon state sovereignty. One example is the Tenth Amendment, which states that powers not delegated to the United States by the Constitution, nor prohibited to the States, are reserved for the States or the people.

Explore related products

FEDERALISM: How Decentralization Can Save America

$24.99 $14.95

Fountainhead of Federalism: Heinrich Bullinger and the Covenantal Tradition

$29.95 $35

Handbook of Education Politics and Policy

$128 $160

Federalism Imperative in Post-Conflict Africa: The Case of Somalia (Looh Press Theses)

$27.05 $45

Evidence, Politics, and Education Policy

$33.25 $35

Federalism and the Lander Autonomy: The Higher Education Policy Network in the Federal Republic of Germany, 1948-1998 (RoutledgeFalmer Studies in Higher Education)

$209.13 $71.99

Judicial enforcement

Federalism is a basic concept embodied in the US Constitution, referring to the division and sharing of power between the national and state governments. The federal relationship is established through a perpetual covenant of union, outlined in a written constitution that details the terms of power division and sharing.

The US Constitution replaced the Articles of Confederation, which was essentially a treaty among sovereign states. The Constitution was ratified by the people in state conventions, empowering the national government to act on behalf of the citizenry directly. 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 Supreme Court has frequently invoked constitutional provisions to determine whether Congress has exceeded its powers and infringed upon state sovereignty. The Tenth Amendment, for instance, reserves powers not delegated to the United States by the Constitution for the states or the people.

Constitutional amendments

Federalism in the United States refers to the division and sharing of power between the national and state governments. The US Constitution is considered a federal system because it divides powers between the state and national governments. The US Constitution replaced the Articles of Confederation, which was essentially a treaty among sovereign states. The Constitution was ratified by the people in state conventions, giving the national government more powers than it had under the Articles.

The interpretation and implementation of federalism have gone through four distinct phases: post-Founding, post-Civil War, post-New Deal, and from the Rehnquist Court to the present. Federal-state relations have always been contested, and federalism has waxed and waned since the founding of the country.

The Supreme Court has frequently invoked constitutional provisions to determine whether Congress has exceeded its powers and infringed upon state sovereignty. One example is the Tenth Amendment, which states that powers not delegated to the United States by the Constitution nor prohibited to the states are reserved for the states or the people. The Court has also used the Necessary and Proper Clause to expand Congress's reach.

Judges and scholars disagree on how the basic principles of federalism should be realised. A key point of controversy is whether the judiciary should enforce the interests of the states against the federal government or leave the resolution to the political process.

Frequently asked questions