When the 13 United States of America declared independence from the United Kingdom in 1776, the founders were attempting to break free from the tyranny of Britains top-down centralized government.
But the first constitution the founders created, the Articles of Confederation, vested almost all power in individual state legislatures and practically nothing in the national government. The resultpolitical chaos and crippling debtalmost sunk the fledgling nation before it left the harbor.
So the founders met again in Philadelphia in 1787 and drafted a new Constitution grounded in a novel separation of state and national powers known as federalism. While the word itself doesnt appear anywhere in the Constitution, federalism became the guiding principle to safeguard Americans against King George III-style tyranny while providing a check against rogue states.
READ MORE: How the United States Constitution Came to Be
The Articles of Confederation.
Smith Collection/Gado/Getty Images
The Articles of Confederation were written and ratified while the Revolutionary War was still raging. The document is less of a unifying constitution than a loose pact between 13 sovereign states intending to enter into a firm league of friendship. Absent from the Articles of Confederation were the Executive or Judicial branches, and the national congress had only the power to declare war and sign treaties, but no authority to directly levy taxes.
As a result, the newly independent United States was buried in debt by 1786 and unable to pay the long-overdue wages of Revolutionary soldiers. The U.S. economy sunk into a deep depression and struggling citizens lost their farms and homes. In Massachusetts, angry farmers joined Shays Rebellion to seize courthouses and block foreclosures, and a toothless congress was powerless to put it down.
George Washington, temporarily retired from government service, lamented to John Jay, What a triumph for the advocates of despotism to find that we are incapable of governing ourselves, and that systems founded on the basis of equal liberty are merely ideal & fallacious!
Alexander Hamilton called for a new Constitutional Convention in Philadelphia in 1787 where the Articles of Confederation were ultimately thrown out in favor of an entirely new form of government.
READ MORE: The Founding Fathers Feared Foreign InfluenceAnd Devised Protections Against It
When the United States cut ties with Britain, the founders wanted nothing to do with the British form of government known as unitary. Under a unitary regime, all power originates from a centralized national government (Parliament) and is delegated to local governments. Thats still the way the government operates in the UK.
Instead, the founders initially chose the opposite form of government, a confederation. In a confederation, all power originates at the local level in the individual states and is only delegated to a weak central government at the states discretion.
When the founders met in Philadelphia, it was clear that a confederation wasnt enough to hold the young nation together. States were scuffling over borders and minting their own money. Massachusetts had to hire its own army to put down Shays Rebellion.
The solution was to find a middle way, a blueprint of government in which the powers were shared and balanced between the states and national interests. That compromise, woven into the Constitution and the Bill of Rights, became known as federalism.
The Constitution and the Bill of Rights created two different kinds of separation of powers, both designed to act as critical checks and balances.
The first and best-known of the separation of powers is between the three branches of government: Executive, Legislative and the Judiciary. If the president acts against the best interests of the country, he or she can be impeached by Congress. If Congress passes an unjust law, the president can veto it. And if any law or public institution infringes on the constitutional rights of the people, the Supreme Court can remedy it.
READ MORE: How Many U.S. Presidents Have Faced Impeachment?
But the second type of separation of powers is equally important, the granting of separate powers to the federal and state governments. Under the Constitution, the state legislatures retain much of their sovereignty to pass laws as they see fit, but the federal government also has the power to intervene when it suits the national interest. And under the supremacy clause found in Article VI, federal laws and statutes supersede state law.
Federalism, or the separation of powers between the state and federal government, was entirely new when the founders baked it into the Constitution. And while it functions as an important check, its also been a continual source of contention between the two levels of government. In the final run-up to the Civil War, the Southern states seceded from the Union in part because of the federal government was unconstitutionally encroaching on their domestic institutions of slavery.
WATCH: The Legislative Branch
According to James Madison, a committed federalist, the Constitution maintains the sovereignty of states by enumerating very few express powers to the federal government, while [t]hose which are to remain in the State governments are numerous and indefinite.
Article I Section 8 contains a list of all of the enumerated powers that are exclusively delegated to the federal government. Those include the power to declare war, maintain armed forces, regulate commerce, coin money and establish a Post Office.
But that very same Section 8 also includes the so-called Elastic Clause that authorizes Congress to write and pass any laws that are necessary and proper to carry out its enumerated powers. These powers are known collectively as implied powers and have been used by Congress to create a national bank, to collect a federal income tax, to institute the draft, to pass gun control laws and to set a federal minimum wage, among others.
Other than that, the Constitution grants almost all other power and authority to the individual states, as Madison said. While the Constitution doesnt explicitly list the powers retained by the states, the founders included a catch-all in the 10th Amendment, ratified in 1791:
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.
Those so-called reserved powers include all authority and functions of local and state governments, policing, education, the regulation of trade within a state, the running of elections and many more.
In the United States, federalism has proven a successful experiment in shared governance since 1787 and provided the model for similar federalist systems in Australia, Canada, India, Germany and several other nations.
See the rest here:
How Federalism Settled States vs Federal Rights - HISTORY
- Lebanese Pro-Federalism Activist Alfred Riachi: Prior To October 7, The Standard Of Living In Gaza Was Pretty ... - Middle East Media Research... - February 22nd, 2024 [February 22nd, 2024]
- The Potential Impact of 'Disease X' on Federalism in the U.S. - Medriva - February 22nd, 2024 [February 22nd, 2024]
- 'People's Charter' Puts Federalism at The Heart of Myanmar's Democratic Future - The Irrawaddy - February 22nd, 2024 [February 22nd, 2024]
- Siddaramaiah vs Modi: The 'cess-y' mess in fiscal federalism - Deccan Herald - February 22nd, 2024 [February 22nd, 2024]
- Ideas Of India: Devendra Fadnavis To Take A Deep Dive Into Role Of Collaborative Federalism In Nation-Building - ABP Live - February 22nd, 2024 [February 22nd, 2024]
- Potential of federalism should be realized: PM Dahal - The Himalayan Times - February 22nd, 2024 [February 22nd, 2024]
- Sensible education policy needed - The Kathmandu Post - October 9th, 2023 [October 9th, 2023]
- Both cooperative federalism and competitive federalism have their ... - Insights IAS - August 18th, 2023 [August 18th, 2023]
- Federalism to poll promises: South India CMs bring up host of local ... - South First - August 18th, 2023 [August 18th, 2023]
- Justice Mitchell (Alabama): "The New Bar Exam Puts DEI Over ... - Reason - May 20th, 2023 [May 20th, 2023]
- Season of instability - The Kathmandu Post - May 20th, 2023 [May 20th, 2023]
- Trump Indictment Tests Congress's Role in State Investigations - Bloomberg Law - May 20th, 2023 [May 20th, 2023]
- Big Business' New Plan Would Create Fifty New Immigration Policies - Federation for American Immigration Reform - May 20th, 2023 [May 20th, 2023]
- Senator decries move to block bill loosening Wisconsin abortion law - Milwaukee Journal Sentinel - May 20th, 2023 [May 20th, 2023]
- "Illegally buying time": Congress leader Abhishek Singhvi chastises ... - ANI News - May 20th, 2023 [May 20th, 2023]
- Baby Ninth Amendments Part IV: All the Rights but Not ALL the Rights - Reason - May 20th, 2023 [May 20th, 2023]
- Amid the Fight for Myanmar, Federalism Rises from the Grass Roots - United States Institute of Peace - May 18th, 2023 [May 18th, 2023]
- Lesson from Karnataka respect states and India's federalism - Deccan Herald - May 18th, 2023 [May 18th, 2023]
- Dr. Paul Nolette named director of Les Aspin Center for Government ... - Marquette Today - May 18th, 2023 [May 18th, 2023]
- Sen. Cramer Welcomes ND Witnesses, Discusses Water ... - Kevin Cramer - May 18th, 2023 [May 18th, 2023]
- Utilities, Transmission, and the Grid: An Interview with Ari Peskoe - Brown Political Review - May 18th, 2023 [May 18th, 2023]
- Six months after elections, provincial governments are still incomplete - The Kathmandu Post - May 18th, 2023 [May 18th, 2023]
- NON-FICTION: WHY FEDERALISM ENDURES IN PAKISTAN ... - DAWN.com - May 6th, 2023 [May 6th, 2023]
- Justice Scalia's Unpublished Dissent in Kelo v. City of New London - Reason - May 6th, 2023 [May 6th, 2023]
- Citizens, civil society hold the ruling party, BJP to account ... - SabrangIndia - May 6th, 2023 [May 6th, 2023]
- ED Proposes Title IX Athletics Rule Requiring Participation Based ... - The Federalist Society - May 6th, 2023 [May 6th, 2023]
- The Mysterious Case of the Imposition of Article 355 in Manipur - The Wire - May 6th, 2023 [May 6th, 2023]
- Non-BJP State Governments Not Exercising Accountability, Allowing ... - Daily Excelsior - May 6th, 2023 [May 6th, 2023]
- Two years of Stalin government in Tamil Nadu: Two steps forward - Times of India - May 6th, 2023 [May 6th, 2023]
- What is the issue of gubernatorial inaction in the legislative process ... - Insights IAS - April 29th, 2023 [April 29th, 2023]
- World Bank Approves $100 Million to Strengthen Nepal's Healthcare ... - ReliefWeb - April 29th, 2023 [April 29th, 2023]
- Canada's federal transfer payment system badly needs a tune-up - The Conversation - April 29th, 2023 [April 29th, 2023]
- 50 years of basic structure doctrine | Only safeguard against majoritarian govt: Sr Advocate Ramachandran - The Indian Express - April 29th, 2023 [April 29th, 2023]
- Federalism - Definition, Examples, Cases, processes - Legal Dictionary - February 20th, 2023 [February 20th, 2023]
- What is federalism? | State Policy Network - February 5th, 2023 [February 5th, 2023]
- UPSC Key- January 19, 2023: Learn about Annual Status of Education Report, Federalism and State Legislatures - The Indian Express - January 19th, 2023 [January 19th, 2023]
- Advantages and Disadvantages of Federalism American Government - January 6th, 2023 [January 6th, 2023]
- fiscal federalism | public finance | Britannica - December 26th, 2022 [December 26th, 2022]
- About ALEC - American Legislative Exchange Council - December 12th, 2022 [December 12th, 2022]
- Canadian federalism - Wikipedia - November 23rd, 2022 [November 23rd, 2022]
- U.P. bags top honours at PMAY-U Awards 2021 - The Hindu - November 23rd, 2022 [November 23rd, 2022]
- Political Line sc views on conversions rajiv convicts and federalism and more - The Hindu - November 21st, 2022 [November 21st, 2022]
- Byron Williams: The court is poised to rewrite federalism - Winston-Salem Journal - October 17th, 2022 [October 17th, 2022]
- Why Hindi may set the tone for 2024 - Deccan Herald - October 17th, 2022 [October 17th, 2022]
- A Myanmar roadmap: Charting the path to federal democracy - International IDEA - October 17th, 2022 [October 17th, 2022]
- Next generation of reforms should focus on reducing cost of doing business - Economic Times - October 17th, 2022 [October 17th, 2022]
- Nigeria And The Intrigues Of Insecurity -By Kene Obiezu - Opinion Nigeria - October 17th, 2022 [October 17th, 2022]
- Trudeau's aggressive federalism may leave Ottawa weaker than before - The Globe and Mail - October 15th, 2022 [October 15th, 2022]
- What is Federalism? | CSF - October 15th, 2022 [October 15th, 2022]
- Kerala Against Hindi Imposition; Terms Recommendations Attack on Federalism and Diversity of Nation - NewsClick - October 15th, 2022 [October 15th, 2022]
- 2023: Well Vote for Candidate Committed to Federalism, Diversity, Says UPU - THISDAY Newspapers - October 15th, 2022 [October 15th, 2022]
- Attorney General Knudsen fights Biden administration rule requiring states to reach net-zero highway emissions - Montana Department of Justice - October 15th, 2022 [October 15th, 2022]
- How Scotland can learn from Quebec's third way on constitution - HeraldScotland - October 15th, 2022 [October 15th, 2022]
- Federalism and Why Presidents Fail - THISDAY Newspapers - September 22nd, 2022 [September 22nd, 2022]
- Vedanta and the missing spirit of federalism - The New Indian Express - September 22nd, 2022 [September 22nd, 2022]
- Federalism Most Suited Idea For India In View Of Its Diversity, Centralising Whole Things Will Lead To... - Live Law - Indian Legal News - September 22nd, 2022 [September 22nd, 2022]
- Urging the Use of One Federal Decision Rule to Speed Up Bipartisan Infrastructure Law Projects - Kevin Cramer - September 22nd, 2022 [September 22nd, 2022]
- Constitution Day 2022: Celebrating the right to govern ourselves - Yellowhammer News - September 22nd, 2022 [September 22nd, 2022]
- From Augusta Constitution Day: What does it mean to you? - Press Herald - September 22nd, 2022 [September 22nd, 2022]
- Explained | The office of the Governor: its origins, powers, and controversies - The Hindu - September 22nd, 2022 [September 22nd, 2022]
- Geography Professional Speaker Series kicks off with alumnus from Ohio EPA on Sept. 23 - Ohio University - September 22nd, 2022 [September 22nd, 2022]
- Vector-borne diseases trouble Nepal every year as there is not a single entomologist - Online Khabar (English) - September 22nd, 2022 [September 22nd, 2022]
- The Gujarat factor in the development project - Hindustan Times - September 22nd, 2022 [September 22nd, 2022]
- The downslide in federal relations - The Indian Express - September 22nd, 2022 [September 22nd, 2022]
- Competition between states to attract investment will boost Indias economy - Moneycontrol - September 22nd, 2022 [September 22nd, 2022]
- For state of the nation, look at states of the nation: Niti Aayogs new chief says it will help states learn - Times of India - September 22nd, 2022 [September 22nd, 2022]
- Letters to the Editor: Queen injected vitality, vigour into lives of many - The Kingston Whig-Standard - September 22nd, 2022 [September 22nd, 2022]
- Climate action that runs on cooperative federalism - The Hindu - September 15th, 2022 [September 15th, 2022]
- The spirit of federalism - The News International - September 15th, 2022 [September 15th, 2022]
- Javier Perez Sandoval Receives the 2022 William Anderson Award - - Political Science Now - September 15th, 2022 [September 15th, 2022]
- A new Constitutional Convention is a very bad idea | Opinion - Knoxville News Sentinel - September 15th, 2022 [September 15th, 2022]
- Rodney Hero Receives the 2022 Barbara Sinclair Lecture Award - - Political Science Now - September 15th, 2022 [September 15th, 2022]
- Department of the Interior, Fish and Wildlife Service: Migratory Bird Hunting; 20222023 Seasons for Certain Migratory Game Birds - Government... - September 15th, 2022 [September 15th, 2022]
- Increasing Threat To Federalism From Centrally Sponsored Schemes- Need To Form A Federal Front - Countercurrents.org - September 3rd, 2022 [September 3rd, 2022]
- Breakenridge: Supporting federalism is the only way Alberta can be a partner in LNG exports - Calgary Herald - September 3rd, 2022 [September 3rd, 2022]
- Two tools for tracking the American Rescue Plans local and national impacts - Brookings Institution - September 3rd, 2022 [September 3rd, 2022]
- Opinion | Will election candidates co-operate with CN over intermodal hub? - Toronto Star - September 3rd, 2022 [September 3rd, 2022]
- Department of the Interior, Fish and Wildlife Service: Migratory Bird Hunting; Final 202223 Frameworks for Migratory Bird Hunting Regulations -... - September 3rd, 2022 [September 3rd, 2022]
- Its time to reset Centre-state relations. Onus rests on the central government - ThePrint - August 29th, 2022 [August 29th, 2022]
- 'Election Denier' Is The Dumbest Rhetorical Device In Modern Politics - The Federalist - August 29th, 2022 [August 29th, 2022]