Isabella Carter
Federalism is a mode of political organization that unites separate states within a larger political system, allowing each state to maintain its own integrity. This is achieved through a written constitution that outlines the terms by which power is divided or shared, and the US Constitution is a prime example of this. The Tenth Amendment, for instance, reaffirms the principles of federalism by explicitly stating that the federal government's powers are limited to those granted in the Constitution, with all other powers being reserved for the states or the people. This amendment demonstrates the importance of federalism in the US political system, where power is shared between the national government and the states, and the states play a significant role in the constitutional amendment process.
| Characteristics | Values |
|---|---|
| Federal relationship established through a covenant of union | Written constitution outlining terms of power division/sharing |
| Power diffusion | Self-sustaining centres with noncentralized authority |
| Territorial democracy | Areal divisions for neutrality and equality in representation |
| Basic policies made and implemented through negotiation | All members share in decision-making |
| Constituent polities have substantial influence over constitutional-amending process | Serious changes require dispersed majorities reflecting areal division of powers |
| Congress may act only with express or implied authority from the Constitution | Powers not delegated to the US by the Constitution are reserved for the states or people (10th Amendment) |
| Supremacy Clause in Article VI | Federal law is superior to state law |
| Commerce Clause in Article I, Section 8 | Congress has authority over interstate commerce |
| Section 5 of the Fourteenth Amendment | Congress can enforce the Amendment's guarantees against the states |
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What You'll Learn
The Tenth Amendment
Federalism is a mode of political organisation that unites separate states or polities within an overarching political system, allowing each to maintain its integrity. This is achieved by requiring that basic policies be made and implemented through negotiation, so that all members can share in making and executing decisions.
> "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."
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Federalism and the separation of powers
Federalism is a mode of political organisation that unites separate states or polities within an overarching political system, allowing each to maintain its own integrity. Federal systems require that basic policies be made and implemented through negotiation, so that all members can share in making and executing decisions.
In the United States, federalism is a key principle of the Constitution, dividing political power between the national government and the states. The Constitution itself does not contain the word "federalism", but the concept is inherent in its structure and provisions. The Tenth Amendment, for instance, reinforces the notion of federalism by limiting the powers of the federal government to those expressly granted in the Constitution, with all other powers being reserved for the states or the people. This amendment has been used by states and local governments to assert their exemption from certain federal regulations.
The Commerce Clause in Article I, Section 8, Clause 3, grants Congress the authority to legislate on matters concerning interstate commerce. This clause has been used to justify federal laws that may overlap with traditionally state-regulated matters, such as in the case of United States v. Lopez, where Congress criminalised the possession of firearms near schools.
The Supremacy Clause in Article VI establishes federal law as superior to state law, providing a basis for judicially invalidating state laws that conflict with federal statutes. This doctrine of federal preemption ensures that federal law takes precedence when there is a conflict between the two levels of government.
Amending the Constitution is an example of federalism in action, as it requires the agreement of both the national government and the states. The process of amending the Constitution is deliberately challenging, reflecting the federal nature of the political system. Amendments must be ratified by three-fourths of the state legislatures or state ratifying conventions, ensuring that any changes to the Constitution reflect the consent of both the national government and the states.
In summary, federalism and the separation of powers are fundamental principles of the US Constitution, designed to protect individual liberty and ensure that political power is shared between the national government and the states. Amending the Constitution is a challenging process that requires the agreement of both levels of government, showcasing the federalist nature of the US political system.
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The Supremacy Clause
Federalism is a mode of political organisation that unites separate states or polities within an overarching political system. This system allows each state to maintain its integrity by requiring that basic policies be made and implemented through negotiation. Federalism is characterised by noncentralisation, which ensures that authority to exercise political power cannot be taken away from the general or state governments without common consent.
> "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."
The Supreme Court has relied on the Supremacy Clause to reinforce the division of federal and state powers. The Court has recognised several types of preemption, where federal law can preempt state law either expressly or impliedly. Federal law expressly preempts state law when it explicitly states so, while implied preemption occurs when that intent is implicit in the structure and purpose of the federal law. One example of the application of the Supremacy Clause is in the case of Martin v. Hunter's Lessee, where the Supreme Court held that the Supremacy Clause gives it the ultimate power to review state court decisions involving issues arising under the Constitution and laws of the United States.
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The Commerce Clause
Federalism is a mode of political organisation that unites separate states within an overarching political system, allowing each state to maintain its integrity. This is achieved by requiring that basic policies be made and implemented through negotiation, so that all members can share in making and executing decisions.
The interpretation of the sixteen words of the Commerce Clause has helped define the balance of power between the federal government and the states, as well as between the two elected branches of the federal government and the judiciary. The Commerce Clause also provides comprehensive powers to the federal government over navigable waters, which is critical for understanding the rights of landowners adjoining or exercising riparian rights under common law.
The scope of the Commerce Clause has been a matter of dispute, with some scholars arguing that before 1887, it was rarely invoked by Congress, indicating that the Founding Fathers did not intend for "commerce" to be broadly interpreted. They support this claim by pointing to the interchangeable use of "trade" and "exchange" in the Constitutional Convention and the Federalist Papers.
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Territorial democracy
Federalism is a mode of political organisation that unites separate states or polities within a broader political system, allowing each state to maintain its integrity. This is achieved by requiring that policies be made and implemented through negotiation, so that all members can share in decision-making and execution. The United States Constitution embodies this principle of federalism by dividing political power between the national government and the states.
The Tenth Amendment to the United States Constitution is a key example of federalism in action. It reaffirms the principles of federalism by reinforcing the notion that the federal government maintains only limited, enumerated powers. The amendment clarifies that any powers not delegated to the United States by the Constitution are reserved for the states or the people. This amendment was proposed by Thomas Burke, a strong advocate for states' rights, to ensure clarity and prevent ambiguity regarding the distribution of power between state and federal governments.
The process of amending the Constitution is an example of federalism as it reflects the influence of the constituent polities, or states, on the constitutional-amending process. In a federal system, serious changes to the political order cannot be imposed unilaterally by a central authority. Instead, they require the consent of dispersed majorities that reflect the areal division of powers. This noncentralisation of power is a defining feature of federalism, ensuring that the authority to exercise political power is shared between the general and state governments.
One element of federalism in the United States is territorial democracy, which has two main aspects. Firstly, it involves using areal divisions to ensure neutrality and equality in the representation of various groups and interests within the polity. This means that the geographic boundaries of political units are designed to promote fairness and proportional representation in governance. Secondly, territorial democracy seeks to secure local autonomy and representation for diverse groups within the same civil society. This aspect of territorial democracy allows for the emergence of new interests and ensures their representation is proportional to their strength, enabling the accommodation of diverse perspectives and interests within a unified political system.
In conclusion, the process of amending the Constitution in a federal system, such as that of the United States, exemplifies federalism by involving the constituent states in the decision-making process and ensuring that their rights and powers are respected. Territorial democracy, as an aspect of federalism, further enhances the representation and autonomy of diverse groups within the civil society, contributing to a more inclusive and responsive political system.
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Frequently asked questions
Federalism is a mode of political organisation that unites separate states or other polities within an overarching political system, allowing each to maintain its own integrity.
The Tenth Amendment to the United States Constitution states 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.
The Tenth Amendment is an example of federalism as it reinforces the notion of the Federal Government maintaining only limited, enumerated powers, with the majority of power being delegated to the states.
