Federalism
Definition:
• “A theory of government by which political power is divided between a national government
and state governments, each having their own area of substantive jurisdiction” – A.J. Bennett
Where did US federalism come from?
• From 1787, the USA struggled with the question of where authority should lie
o They had a distaste for centralised power after the British tyrannical rule, and there
was a strong sense of loyalty to and identification with their states
o There was a fear that 13 independent states would be took weak to repel invasion from
more advanced foreign powers
• The solution to this was split authority, with powers reserved for both the President and
Congress, but also for individual states
Federalism in the Constitution:
• The term itself does not appear in the constitution of 1787 and it is arguable the extent to
which the current system conforms with the true definition of federalism
• The constitution is not explicit on the relationship between the federal and state
governments, but rather implied:
o Article 1, section 8 gives Congress the power to regulate ‘commerce among the
several states’
o Section 10 forbids the states from making treaties with other countries, imposing import
or export taxes, and maintaining an army
o The 10th Amendment effectively outlines that the states have all the powers that the
government doesn’t
• Thus, it is hard to claim that the powers of the states are entrenched in the constitution, and
there is deliberate vagueness meaning that the extent of power that the states wield is up to the
government of the time
• There are some enumerated powers set out (explicit powers, e.g. Congress to coin money and
the President to be commander-in-chief), implied powers (e.g. the elastic clause) and
concurrent powers (joint powers e.g. the power to tax)
Is federalism a fixed and protected concept?
• Yes:
o Duties of the President (Commander-in-Chief) and Congress (coin money and declaration
of war) are clearly designated and set out in the Constitution (enumerated powers) and
the 10th Amendment (1791) reserves all other rights to the states
o The Constitution explicitly carves up taxation powers between state and federal
government
o The Constitution empowers the Supreme Court to umpire all disagreements between
federal and state governments
• No:
o Westward expansion of the USA
§ The US developed from 13 to 50 states
§ The federal government has arguably had to increase its influence to coordinate
and unify such a land mass
o Population growth
§ From 4m (1790) to 275m (2000)
§ The Federal Government has had to grow to manage the social implications and
administrative pressures of this
o Industrialisation and globalisation
§ From a nation of small landowners to rapid urbanisation
Definition:
• “A theory of government by which political power is divided between a national government
and state governments, each having their own area of substantive jurisdiction” – A.J. Bennett
Where did US federalism come from?
• From 1787, the USA struggled with the question of where authority should lie
o They had a distaste for centralised power after the British tyrannical rule, and there
was a strong sense of loyalty to and identification with their states
o There was a fear that 13 independent states would be took weak to repel invasion from
more advanced foreign powers
• The solution to this was split authority, with powers reserved for both the President and
Congress, but also for individual states
Federalism in the Constitution:
• The term itself does not appear in the constitution of 1787 and it is arguable the extent to
which the current system conforms with the true definition of federalism
• The constitution is not explicit on the relationship between the federal and state
governments, but rather implied:
o Article 1, section 8 gives Congress the power to regulate ‘commerce among the
several states’
o Section 10 forbids the states from making treaties with other countries, imposing import
or export taxes, and maintaining an army
o The 10th Amendment effectively outlines that the states have all the powers that the
government doesn’t
• Thus, it is hard to claim that the powers of the states are entrenched in the constitution, and
there is deliberate vagueness meaning that the extent of power that the states wield is up to the
government of the time
• There are some enumerated powers set out (explicit powers, e.g. Congress to coin money and
the President to be commander-in-chief), implied powers (e.g. the elastic clause) and
concurrent powers (joint powers e.g. the power to tax)
Is federalism a fixed and protected concept?
• Yes:
o Duties of the President (Commander-in-Chief) and Congress (coin money and declaration
of war) are clearly designated and set out in the Constitution (enumerated powers) and
the 10th Amendment (1791) reserves all other rights to the states
o The Constitution explicitly carves up taxation powers between state and federal
government
o The Constitution empowers the Supreme Court to umpire all disagreements between
federal and state governments
• No:
o Westward expansion of the USA
§ The US developed from 13 to 50 states
§ The federal government has arguably had to increase its influence to coordinate
and unify such a land mass
o Population growth
§ From 4m (1790) to 275m (2000)
§ The Federal Government has had to grow to manage the social implications and
administrative pressures of this
o Industrialisation and globalisation
§ From a nation of small landowners to rapid urbanisation
