Civics U: Federalism
The terms federal and federalism can refer to the system of government that divides power between the central (national) government and the states, or they can refer to the central government itself in this system.
The question of what power and how much power the national government and the respective states should have in this system has been subject to debate since the beginnings of the United States.
THEN
Then the 13 original sovereign colonies first voluntarily joined to form a confederacy under the Articles of Confederation* - and subsequently when they sought to form a more perfect union, the United States, under the U.S. Constitution, and in the early years of the country, the colony-states were treated as retaining a significant degree of independence.
A separation of powers was established between the states and the national government to avoid tyranny on the part of the national government by limiting its power and keeping certain powers for the respective states. www.ushistory.org,
The first Articles of Confederation established a weak national government with a one-house legislature wherein each state had one representative. Congress had certain powers, including power to declare war, sign treaties, settle disputes between states, but it had no power to tax, and the states had the most power.
The first Constitutional convention was called to address concerns about the weak national government. Debate then took place between the Federalists who favored a stronger central government (as expressed in The Federalist Papers) and the Anti-Federalists who were mainly concerned about protecting the independence of the states.
The outcome was that the new Constitution increased certain national (federal) government powers, but also provided for the power of the states. This was spelled out explicitly in the 10th Amendment to the U.S. Constitution that states:
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.
Although there was no definition or criteria given as to when powers are to be reserved to the States, and when they are to be reserved to the people, the intent was to limit as well as establish the powers of the United States as a government. The Constitution simply speaks of powers; it does not identify specific programs or regulations.
At the same time, the “general welfare clause” in the Preamble to the Constitution says that “The Congress shall have the power to …provide for the common Defense and general Welfare of the United States….”
Under this general authorization Congress has funded everything from interstate highways to school lunch programs to agricultural crop subsidies to space exploration, and as time went on there was a gradual shift in power from the states to the central national federal government.
NOW
One prominent and still controversial example of this shift is the establishment of the U.S. Department of Education. The department was instituted in 1867, but its contemporary scope and activities began in 1980. Since that time, even though the Constitution does not delegate power to conduct or regulate education to the U.S., the federal government involvement in education has gradually expanded. This has been done through establishing certain regulations, and by providing federal funding to states and schools, which must then comply with federal requirements to obtain such funding. Today public schools are generally operated under the authority of their respective states, but both schools and states are subject to federal regulations.
The concept and principle of the separation of powers between the federal and state governments is involved in a number of current national issues. Here are several such cases.
Regulation of borders and immigration. The federal government has general responsibility for guarding the country’s border(s) from invasion, and regulating immigration. However, in response to the number of people illegally crossing the southern U.S. border and simultaneously state boundaries, several state governors have made attempts to regulate and police their state’s boundaries. The question that arises is whether states can take on this power.
Electoral College. There is an effort to eliminate the electoral college or base the election of the U.S. President on the national popular vote. The electoral college is based on the equality of power between the states in electing the President.
Roe vs Wade. The U.S. Supreme Court recently “reversed” the earlier decision that allowed women to have an abortion. Although this decision has been described as banning abortion or making abortion illegal, what the decision actually does is allow and empower states to make the law in this regard. In other words, the ruling reserves this power to the states.
Gun control. Gun control is a current issue across the country and within the states. There have been repeated attempts to enact new federal (national) laws regarding gun purchase and gun possession. At the same time, there have been efforts to protect gun ownership as an individual right, and to allow states to continue to set their own rules in this regard.
Federal regulation. In what might be called a cooperative approach, federal agencies and regulations sometimes direct states to establish (their own) regulations or procedures in certain areas. The Federal Clean Air Act, for example, requires states to plan how they will meet national air quality standards.
The division of power in federalism is not always clear. Sometimes it is a matter of principle per the Constitution. Sometimes it is a matter of practicality and powers are shared as much as divided. Thus, for example, there are national, state, and city parks; national, state, and city roads; national, state, and city taxes; and national, state, and city rules and regulations.
The question of which level of government should govern is an ongoing and recurring question.
Lynn Hueneman
*formation of the United States
1774 First Continental Congress
1775-1781 Second Continental Congress
1776 Declaration of Independence
1777 Articles of Confederation and Perpetual Union approved by Congress
1781-1789 Articles of Confederation ratified
1781-1789 Confederation Congress
1781 Articles of Confederation
1787 Constitution approved by delegates
1787-1788 Federalist Papers
1788 Constitution ratified
1789 Constitution ratified by all states