1.9 Federalism in Action

Introduction

Federalism divides power between the national and state governments, creating a balance of power and promoting regional diversity in decision-making. The US Constitution outlines the powers of the federal government, while the Bill of Rights protects the rights and powers of the states. This system allows for both a strong central government to address national issues, and for state governments to address the specific needs of their communities.

Key Vocabulary 

• Checks and Balances: A system in the US Constitution in which each branch of government (executive, legislative, and judicial) has the ability to limit the power of the other branches, ensuring that no one branch becomes too dominant.
• Commerce Clause: A provision in the US Constitution (Article I, Section 8) granting Congress the power to regulate commerce with foreign nations and among the states.
• Electoral College: A group of people selected by each state to formally elect the President and Vice President of the United States.
• Enumerated Powers: The powers specifically listed in the US Constitution as belonging to the federal government.
• Faction: A group of individuals who share a common interest and act in their shared self-interest, potentially conflicting with the interest of the larger community.
• Federalism: A system of government in which power is divided between a central authority and constituent political units, such as states or provinces.
• Implied Powers: Powers inferred from the express powers given to the federal government in the US Constitution, allowing it to carry out its enumerated powers.
• Limited Government: A principle in which government power is limited by laws, a constitution, or societal norms, protecting individual liberties.
• Natural Rights: Inalienable rights, such as life, liberty, and property, believed to be held by all individuals, regardless of government or social recognition.
• Necessary and Proper Clause: A provision in the US Constitution (Article I, Section 8) granting Congress the power to pass any laws necessary and proper for carrying out its enumerated powers.
• Separation of Powers: A principle in the US Constitution in which the powers of government are divided among the legislative, executive, and judicial branches, preventing any one branch from becoming too dominant.
• Social Contract: An agreement between the governed and those who govern, in which the former surrenders some individual freedom in exchange for protection and security provided by the latter.
• Articles of Confederation: The first constitution of the United States, adopted in 1777 and replaced by the current US Constitution in 1787.
• Bill of Rights: The first ten amendments to the US Constitution, outlining individual rights and liberties, such as freedom of speech and religion.
• Brutus No. 1 (1787): An anonymous essay arguing against ratification of the US Constitution, asserting that it threatened individual liberties and would lead to tyranny.
• Constitution (1787): The supreme law of the United States, outlining the structure and powers of the federal government and protecting individual rights.
• Federalist No. 10 (1787): An essay by James Madison arguing for the ratification of the US Constitution, advocating for a strong central government to protect against factions.
• Federalist No. 51 (1788): An essay by James Madison outlining the need for separation of powers and checks and balances in the US government to protect against tyranny.
• The Birth of the Constitution: A term referring to the events and debates surrounding the drafting and ratification of the US Constitution in 1787.
• Balancing state and federal power: A key aspect of US federalism, in which the powers of the federal government and state governments are balanced to ensure neither becomes too dominant.
• Balancing liberty and order: A central challenge in the US political system, in which the government must balance individual freedoms with the need for societal order and stability.
• Complex policymaking processes: The various steps and actors involved in making public policy at the federal, state, and local levels, including legislative proposals, executive action, and judicial review.

How Federalism Actually Works

Federalism is a system of government in which power is divided between a central authority and constituent political units. In practice, federalism works by dividing powers and responsibilities between the federal government and state governments.

The federal government has powers that are specifically delegated to it by the constitution, such as the power to regulate commerce, declare war, and coin money. Meanwhile, state governments have powers that are reserved to them by the constitution, such as the power to regulate education and manage elections.

Additionally, both the federal and state governments have concurrent powers, meaning they have the authority to act on the same issue, such as the power to tax. In these cases, the federal government and state governments often work together to pass laws and regulations that serve the interests of both the nation as a whole and individual states.

Ultimately, federalism allows for a balance of power and a division of responsibilities between different levels of government, promoting efficiency and responsiveness in policymaking and ensuring that power is not concentrated in one place.

As we discussed before, policy making is an important aspect of federalism. Here's another example of federalism in action:

The EPA sets minimum standards for air pollution prevention as part of the executive branch, but states like California are allowed to go beyond those standards and enforce stricter regulations if they choose. This allows states to address unique local needs and circumstances while still being in compliance with the national standards. Federalism ensures that policymaking is not solely in the hands of the national government, but is a collaborative effort between multiple levels of government, each with its own specific powers and responsibilities.

This example showcases how federalism allows for both the national and state governments to work together in creating and enforcing policy. The national government sets standards for air pollution through the EPA, but states are allowed to go beyond those standards if they choose. This way, states can tailor their regulations to fit the specific needs and circumstances of their populations, while still meeting the minimum standards set by the federal government. Federalism ensures that policymaking is a collaborative process between different levels of government, and helps to balance the power of each branch and the interests of different regions.

🎥 Watch: AP GOPO - Introduction to Federalism