WHAT IS FEDERALISM?
The term federalism is often confusing. You would think that federalism involves a system where the federal government has more influence and power, but it’s just the opposite. Federalism actually describes a system of government where some powers belong to the national government, and some powers belong to the state government.
Federal systems must have at least two levels of government. As you know, America has a federal government that consists of the executive, legislative, and judicial branches (headquartered in Washington, DC). That’s one level. The other level comes from the 50 state governments, each with their own powers and sovereignty.
When was federalism adopted in the United States?
The Founding Fathers adopted federalism in response to the problems with America’s first system of government, the Articles of Confederation. If you think back to your high school history class, you may remember the 13 original states created the Articles of Confederation as the United States’ first form of government. Under this system, the states remained sovereign and independent, and a newly created Congress served as a last resort to resolve disputes.
But the articles had some weaknesses. The biggest problem was Congress wasn’t strong enough to enforce laws or raise taxes. These flaws prompted the Constitutional Convention of 1787. There, delegates from the 13 states drafted the Constitution to address the problems with the Articles of Confederation. The Constitution created a stronger central government to oversee national issues while keeping most power in the states. This is a federalist style of government—and America’s system—where power is shared between the state, local, and national governments.
What does federalism look like in America?
In the United States, the federal government has the power to regulate trade between states, declare war, manage the mail, and print money—among several other powers.
State governments have their own set of powers too. States generally oversee education, roads, drivers’ licenses, police departments, elections, and more. Notably, all power not granted to the federal government is reserved to the states and the people. The Founders intended the federal government’s powers to be limited. In The Federalist Papers, James Madison noted: “The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.”
And then there are shared powers, also known as concurrent powers. Both the federal and state governments have the power to tax and establish courts, for example.
What are recent examples of federalism in action?
A healthy federalist system is one in which citizens are active, informed participants who hold government officials accountable and push back when they overstep their powers. The recent challenges to Governors Cuomo and Newsom’s actions are an example of individuals and organizations demanding accountability. An example of state governments pushing back against overreach by the federal government can be seen with the recent federal vaccine mandates. When OSHA and other federal agencies issued mandates which attempted to usurp states’ acknowledged authority over public health, states pushed back, filing lawsuits that have been upheld by federal courts.
https://spn.org/articles/what-is-federalism/
The term federalism is often confusing. You would think that federalism involves a system where the federal government has more influence and power, but it’s just the opposite. Federalism actually describes a system of government where some powers belong to the national government, and some powers belong to the state government.
Federal systems must have at least two levels of government. As you know, America has a federal government that consists of the executive, legislative, and judicial branches (headquartered in Washington, DC). That’s one level. The other level comes from the 50 state governments, each with their own powers and sovereignty.
When was federalism adopted in the United States?
The Founding Fathers adopted federalism in response to the problems with America’s first system of government, the Articles of Confederation. If you think back to your high school history class, you may remember the 13 original states created the Articles of Confederation as the United States’ first form of government. Under this system, the states remained sovereign and independent, and a newly created Congress served as a last resort to resolve disputes.
But the articles had some weaknesses. The biggest problem was Congress wasn’t strong enough to enforce laws or raise taxes. These flaws prompted the Constitutional Convention of 1787. There, delegates from the 13 states drafted the Constitution to address the problems with the Articles of Confederation. The Constitution created a stronger central government to oversee national issues while keeping most power in the states. This is a federalist style of government—and America’s system—where power is shared between the state, local, and national governments.
What does federalism look like in America?
In the United States, the federal government has the power to regulate trade between states, declare war, manage the mail, and print money—among several other powers.
State governments have their own set of powers too. States generally oversee education, roads, drivers’ licenses, police departments, elections, and more. Notably, all power not granted to the federal government is reserved to the states and the people. The Founders intended the federal government’s powers to be limited. In The Federalist Papers, James Madison noted: “The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.”
And then there are shared powers, also known as concurrent powers. Both the federal and state governments have the power to tax and establish courts, for example.
What are recent examples of federalism in action?
A healthy federalist system is one in which citizens are active, informed participants who hold government officials accountable and push back when they overstep their powers. The recent challenges to Governors Cuomo and Newsom’s actions are an example of individuals and organizations demanding accountability. An example of state governments pushing back against overreach by the federal government can be seen with the recent federal vaccine mandates. When OSHA and other federal agencies issued mandates which attempted to usurp states’ acknowledged authority over public health, states pushed back, filing lawsuits that have been upheld by federal courts.
https://spn.org/articles/what-is-federalism/