Federalism

The History, Philosophy, Philippine

Context and Sociological View.

By: Christianne Nicole A. Giron

Historical Background of Federalism
Dual federalism (1789–1945)

 National government dealt with national defense, foreign policy, and fostering
commerce, whereas the states dealt with local matters, economic regulation,
and criminal law.
 Describes the nature of federalism for the first 150 years of the American
republic, roughly 1789 through World War II.
 Also called layer-cake federalism
 Different “levels” rarely overlapped
THE CIVIL WAR AND THE
FOURTEENTH AMENDMENT
(1861–1868)
 The Union victory solidified the federal government’s power over the states and
ended the debate over states’ rights.
 State’s rights covers the legality of the federal government of slavery.
 A threat to civilians
 The Fourteenth Amendment, ratified a few years after the Civil War in 1868,
includes three key clauses, which limit state power and protect the basic rights
of citizens.
Three Key Clauses

1. The privileges and immunities clause declares that no state can deny
any citizen the privileges and immunities of American citizenship.
2. The due process clause limits states’ abilities to deprive citizens of their
legal rights.
3. The equal protection clause declares that all people get the equal
protection of the laws
Cooperative Federalism
(1945–1969)
 marble-cake federalism.
 Federal authority and state authority have become intertwined
 The national government has become integrated with the state and local
governments, making it difficult to tell where one type of government begins
and the other types end.
New Federalism (1969–
present)
 “power should be given back to the states”
 New Federalists have argued for specific limits on federal power, as well
as devolution
 Devolution - policy of giving states power and responsibility for some program
 • Dual Federalism
1789–1945

• THE CIVIL WAR AND THE FOURTEENTH AMENDMENT

1861-1868

• Cooperative Federalism
1945-1969

1969-
• New Federalism (1969–present)
Present
Federalism: A Philippine Context
 The concept of a federal government for the Philippines was proposed as early as the Philippine
Revolution with Filipino revolutionaries Emilio Aguinaldo and Apolinario Mabini suggesting
dividing the islands into three federal states.

 One of the first proponents of federalism in the Philippines in the 21st century is University of
the Philippines professor Jose Abueva who argued that a federal form of government is
necessary to more efficiently cater to the needs of the country despite its diversity
 Even though the purpose of Federalism was never intended to appease any followers of any
specific ideology of religion. Federalism will also hasten economic development since resource
and financial mobilization is upon each states' or provinces' discretion without significant
constraint from the central government

 Beginning in late 2014, Davao City mayor Rodrigo Duterte launched a nationwide campaign
promoting a charter change for federalism.

 Movements for federalism were further intensified since the draft of the Bangsamoro Basic Law
was submitted by Philippine president Benigno Aquino III to the Congress in September 10, 2014.
If approved, this law establishes the Bangsamoro as an autonomous region with its own
parliamentary government and police force.
 The Sub-Committee 1 of the House of Representatives Committee on Constitutional
Amendments proposed that:
o a federal Philippines would comprise of five states.
o Each states to be led by a premiere as its executive head will have a State Assembly according to
the proposal.
 The proposal has been hit by massive criticism due to general lumping and a lack of
representation. According to the proposal, politicians will have 'more than' two consecutive
terms, making them eligible to run for office with no term limit.
Is Federalism Good or Bad?
 Complexity of the
It is arbitrary
concept

Neither

It can side for the good It is impossible to

and the bad weigh.
Punto de Vista
1. Federal arrangements can accommodate minority nations who aspire to self determination and
the preservation of their culture, language or religion. Such autonomy and immunity arrangements
are clearly preferable to the political conflicts that might result from such groups' attempts at
secession. Central authorities may respond with human rights abuses, civil wars or ethnic cleansing
to prevent such secessionist movements.
– Federal orders may increase the opportunities for citizen participation in public decision-making;
through deliberation and offices in both member unit and central bodies that ensures character
formation through political participation among more citizens (Mill 1861, ch. 15).
Sociological View on Federalism
– Federalism can be described as a system of government in which the indicators of social,
political and economic development are pursued by a coordinated effort of both central and
other incorporated units of government. Simply put, the pursuit of development by central and
other integrated independent units of government. Even though this definitions contrast with
other popular definitions of the term, the idea of the existence of a central as well as other
equally independent units of government, is general to all definitions of the concept of
federalism.
– Graham Smith (1995:4), also argues in the line of Burgess that federalism can be
considered as an ideology which holds that the ideal organization of human
affairs is best reflected in the collaboration of diversity through unity.