Federalism (Overview)

The Framers of the U.S. Constitution wanted a national government that was stronger than the one they had observed under the Articles of Confederation, but many were highly devoted to their own states and wary of establishing a form of government similar to that which they had rebelled against in Great Britain. A federal system emerged as an alternative that might work in a nation spread over a large land area where a blend of central and local authority was desirable. The theory of balancing state and national power also appealed to the Framers, who thought such a division of power might prove an additional safeguard for liberty. The Framers attempted to delineate national and state powers in the U.S. Constitution, primarily in Article IV, which states that the national government has an obligation to guarantee states a republican, or representative, form of government and must come to the aid of states that face the threat of invasion or domestic upheaval. Article IV also maintains that states have obligations to one anotheras in respecting the rightsor privileges and immunitiesof citizens from other states, and in recognizing the legal judgments of such states (what the Constitution refers to as full faith and credit). Federal vs. state power In a federal government, some powers are exercised exclusively by the national government. Under the U.S. Constitution, only the national government can wage war, enter into treaties, coin money, and naturalize citizens. Article I, Section 10 specifically prohibits states from exercising some of these powers. Moreover, Article VI of the Constitution asserts that the national Constitution and the laws and treaties made under its authority are the supreme law of the land and cannot be overridden by individual states. However, there are areas in which states hold not exclusive, but primary, power. The Tenth Amendment to the U.S. Constitution refers to powers reserved to the states, which traditionally political scientists have referred to as state police powers. Thus, when it comes to criminal laws, education, private property, welfare systems, and the like, states are expected to take the lead. As the economy has become more complex and states have become more interrelated, it has been more difficult to identify areas in which the nation or the states exercise exclusive powers. Instead, states often exercise power jointly, or concurrently, with the national government. Such combinations allow the federal government to gain leverage over the states by placing conditions on the money it distributes through various grant programs. Debate over the new government Relationships among governments in a federal system can become quite complicated, and they have provided frequent controversy over the course of U.S. history. Almost as soon as the Constitution was proposed, Anti-Federalist opponents of the document began their critique. One of their key arguments, borrowed in part from French philosopher Baron de Montesquieu, was that it would be impossible to have a democratic government over a land area as large as that envisioned for the new republic. To counter such a statement, one of James Madisons most decisive arguments on behalf of the new government was his Federalist, No. 10, in which he argued that a government that expanded over a larger geographical area would in fact be more conducive to freedom because a government could not possibly suppress liberty on such a wide scale. One of the results of the Anti-Federalists criticisms of the Constitution was the adoption of the Bill of Rights, which limited the power of the new national authority. Eventually, the guarantees to safeguard liberty in the Bill of Rights would also be applied to the states.

Expanded national authority Although the balance of state and national powers has shifted back and forth since the end of the Civil War, the general direction has been in favor of expanded national authority. As the economy has become more interdependent, opportunities for national exercises of power under congressional control over interstate and foreign commerce have expanded. Similarly, two world wars and the Cold War led to increased national expenditures and greater national control over the economy, all of which led to expanded powers for the national government. In recent years, however, the Supreme Court has begun again to examine the extent to which national laws can usurp state prerogatives. In a number of decisions, the Court has paid renewed attention to the preservation of states rights. The debate over the proper relation between the national government and the states, as well as the courts role in adjudicating this debate, is unlikely ever to be conclusively resolved. This relationship will often vary from one issue to another. Both governments must operate with sensitivity to the rights of the other. Although the Constitution has established broad guidelines, the peoples representatives must decide on a day-to-day basis exactly what powers each government should exercise.

separation of powers
One of the pillars upholding the foundation of American democracy, separation of powers describes the division of power within the federalist system of government adopted by the United States in 1787. Split into executive, legislative, and judicial branches, American government is based on a system of checks and balances to prevent the concentration and abuse of power by any one branch. Dividing governing powers was not enough, however. A system of checks and balances was also needed. As a check on the power of the legislative and executive branches, the executive branch can veto congressional legislation, appoint federal judges, and pardon people. The legislative branch can override the veto of the president, refuse to confirm presidential appointments, impeach the executive, and refuse to ratify presidential treaties. To limit the powers of the judiciary, the legislative branch can eliminate or refuse to create lower federal courts, can refuse to implement judicial decisions, can alter the jurisdiction of federal courts, and can impeach and confirm judges. Over time, branches have assumed powers not specifically given to them in the Constitution. For example, the Supreme Court established the power of judicial review, the right of the courts to review laws passed by the president, Congress, and the courts, in the landmark case of Marbury v. Madison (1803).

Sources: Checks and Balances (Overview). American Government. ABC-CLIO, 2012. Web. 18 Sept. 2012. Newman, Jason. separation of powers. American Government. ABC-CLIO, 2012. Web. 18 Sept. 2012. Vile, John R. Federalism (Overview). American Government. ABC-CLIO, 2012. Web. 18 Sept. 2012.