Omar Bennett
The United States Constitution established a federal system of government, or federalism, to safeguard Americans against tyranny and prevent political chaos. Federalism is a system of government in which the same territory is controlled by two levels of government, with an overarching national government responsible for broader governance and smaller subdivisions, such as states and cities, governing local issues. The Constitution's federal system aimed to strike a balance between shared powers and autonomy between the states and the national government, creating a unified national government with limited powers. This system, embodied in the Tenth Amendment, ensures that powers not delegated to the federal government are reserved for the states, protecting states' rights and preventing the concentration of power.
| Characteristics | Values |
|---|---|
| Division of power | The Constitution divides power between the national and state governments. |
| Limited powers | The federal government has limited powers, with the Tenth Amendment stating that powers not delegated to the federal government are reserved for the states. |
| Dual sovereignty | The Constitution establishes "dual sovereignty," with states surrendering some powers to the federal government while retaining sovereignty in certain areas. |
| Checks and balances | The Constitution and Bill of Rights provide checks and balances between the three branches of government: Executive, Legislative, and Judiciary. |
| State autonomy | States have autonomy and can make laws, with the Constitution protecting their powers by limiting the federal government's ability to act. |
| Judicial review | The Constitution allows for judicial review, with federal courts having the power to interpret and apply the law and the Supreme Court deciding Constitutional issues on a case-by-case basis. |
| Shared governance | Federalism has enabled shared governance between the federal and state governments, with the states having power over local concerns. |
| Protection of liberty | Federalism protects individual liberty by confining lawmaking to state and local levels, preventing a "political war of all against all." |
| Preventing tyranny | Federalism safeguards against tyranny by providing a check on the power of the national government and rogue states. |
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What You'll Learn
The Articles of Confederation
The Articles were a flawed compromise, but most delegates believed that it was better than having no formal national government. Ratification by all 13 states was necessary to set the Confederation into motion. Virginia was the first state to ratify, on December 16, 1777, and by February 1779, 12 states had ratified the Articles. Maryland was the lone holdout, refusing to go along until the landed states, particularly Virginia, ceded their claims to lands west of the Ohio River. Maryland finally ratified the Articles on February 2, 1781, and Congress was informed on March 1, officially proclaiming the Articles of Confederation as the law of the land.
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Separation of powers
The US Constitution established a federal system to safeguard Americans against tyranny and prevent rogue states, while also providing a check against an overly powerful central government. This system is known as federalism, and it involves a separation of powers between the state and federal governments.
Federalism, as a concept, refers to the division and sharing of power between the national and state governments. The national government was conceived as one of limited and enumerated powers, with the powers of states comprising everything else. This is reflected in the first words of Article I, which created Congress: "All legislative powers herein granted shall be vested in a Congress of the United States."
The Tenth Amendment reinforces the principle of federalism, 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 amendment has been used by the Supreme Court to limit Congress's power and invalidate federal statutes that infringe on state sovereignty.
The Constitution and the Bill of Rights created two types of separation of powers: the first and most well-known being the division between the three branches of government, namely the Executive, Legislative, and Judiciary. This system of checks and balances ensures that no one branch holds too much power. For example, Congress can impeach the President if they act against the country's best interests, and the President can veto unjust laws passed by Congress.
The second type of separation of powers is between the federal and state governments, with the Constitution delegating a few express powers to the federal government while leaving many indefinite powers to the states. This dual sovereignty allows states to retain some autonomy while surrendering other powers to the federal government.
The US Constitution's federal system has been influential, providing a model for federalist systems in countries like Australia, Canada, India, and Germany. It has also been a source of contention, with the Southern states seceding from the Union before the Civil War due to disputes over the federal government's encroachment on slavery, an issue within their "domestic institutions."
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Checks and balances
The US Constitution divides the federal government into three branches: the legislative, executive, and judicial. This system of checks and balances was designed to prevent any one branch from becoming too powerful and to ensure that no individual or group could exercise unrestrained power.
Each branch has its own authority and is responsible for specific functions. The legislative branch makes the laws, the executive branch enforces them, and the judicial branch interprets them. The legislative branch consists of the Senate and the House of Representatives, which together make up Congress. The executive branch is led by the President, who can issue executive orders and veto laws passed by Congress. The judicial branch, headed by the Supreme Court, interprets the laws and can declare them unconstitutional.
The checks and balances system allows each branch to limit the powers of the others. For example, the legislative branch can check the executive branch by passing laws or overriding a presidential veto, while the executive branch can check the judicial branch by appointing federal judges and Supreme Court justices. The judicial branch can check the other two branches through judicial review and by declaring laws unconstitutional.
The system also includes impeachment powers, which allow Congress to root out corruption and abuse of power in the other branches. Additionally, the separation of powers and checks and balances system was influenced by political philosophers such as Polybius, Montesquieu, and John Locke, who emphasised the importance of dividing power to prevent tyranny and protect individual liberties.
James Madison, one of the key authors of the Federalist Papers, defended the system of checks and balances as a way to create a limited government that would protect individual liberties. Madison argued that the separation of powers and the intricate system of checks and balances would ensure that each branch's power would be checked by the others, preventing the accumulation of power in any one branch.
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Dual sovereignty
The US Constitution established a system of dual sovereignty, or federalism, in which power is shared between the national government and state governments. Federalism was a novel concept at the time, and it emerged as a solution to the failings of the Articles of Confederation, which vested almost all power in individual state legislatures and practically nothing in the national government, resulting in political chaos and crippling debt.
The Constitution's federal system divides and shares power between the national and state governments, establishing a unified national government with limited powers while maintaining a sphere of autonomy for state governments. This system is designed to safeguard against tyranny and rogue states, and it has been a continual source of contention between the two levels of government.
The Tenth Amendment, for example, provides that powers not delegated to the federal government are reserved for the states or the people, acting as a limit on Congress's power. The Supreme Court has invoked this amendment when determining that Congress has exceeded its constitutional powers and infringed upon state sovereignty.
The Constitution also outlines the US judicial system, with Article III describing the court system, including the Supreme Court, and the kinds of cases the court takes as original jurisdiction. The Supreme Court has discretionary jurisdiction, meaning it does not have to hear every case brought to it. The Supreme Court also exercises judicial review over the actions of Congress and the executive branch, though this is not expressly authorised by the Constitution.
Federalism has proven to be a successful experiment in shared governance, providing a model for other nations' federalist systems. It protects individual sovereignty by confining lawmaking to the state and local levels, preventing a political war of all against all that could occur if issues were elevated to the national level.
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Judicial review
The US Constitution created a federal system to safeguard Americans against tyranny and provide a check against rogue states, while also preventing the concentration of power in a central authority. This system, known as federalism, divides power between the national and state governments, allowing states to retain some sovereignty.
The US Constitution does not explicitly authorise judicial review, but the Framers contemplated the idea, and precedent has since established that the courts can exercise judicial review over the actions of Congress or the executive branch. The judiciary's power of review is derived from the Constitution, which enumerates its powers to extend to cases arising "under the Constitution". Justices take a Constitutional oath to uphold it as the "Supreme law of the land".
The Supreme Court has the authority to interpret and apply the law to a particular case and decide Constitutional issues of state law, but it does so independently of state legislators' motives, policy outcomes, or national wisdom. The Court's role is to determine which of the conflicting rules should govern when there is a conflict between the Constitution and statutory law.
The Supreme Court has frequently invoked constitutional provisions to determine that Congress has exceeded its powers and infringed upon state sovereignty. One example of this is the Tenth Amendment, which provides that powers not delegated to the United States by the Constitution are reserved for the states or the people.
The Supreme Court holds discretionary jurisdiction, meaning it does not have to hear every case brought to it. Federal court jurisdiction is also rare when a state legislature enacts something under federal jurisdiction. To establish a federal system of national law, a spirit of comity is developed between the federal government and the states.
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Frequently asked questions
Federalism is a system of government in which the same territory is controlled by two levels of government. In the United States, federalism refers to the division and sharing of power between the national and state governments.
The Founding Fathers' first attempt at a constitution, the Articles of Confederation, vested almost all power in individual state legislatures and practically nothing in the national government. This led to political chaos and crippling debt, nearly tearing the fledgling nation apart. The Founding Fathers then met in Philadelphia in 1787 and drafted a new constitution grounded in a novel separation of state and national powers known as federalism.
Federalism has been a successful experiment in shared governance since 1787, providing a check against both tyranny by the national government and rogue states. It also protects individual sovereignty by keeping most lawmaking at the state and local levels, thus preventing the political war of all against all that would result from elevating most issues to the national level.
