Federalism

Federalism

Federalism is a concept in politics in which members in a group are connected through a covenant or constitution. Surveys have indicated that federalism is a system of government in which a constitution defines the sovereignty, federalism connects political units and the central governing authority. Federalism is attached to democratic institutions and rules where power used in governing the system is shared between state/provincial governments and national governments, which results to a federation.

United States is an example of a federal government. Federalism in the United States is characterized by a relationship with the federal government and the state governments. Federalism in the United States has evolved with time, shaping the American political system. Surveys indicated that the initial government was made of dual federalism, which evolved to single federalism (Burgess, 2006). It is argued that the national government and the state governments are different trustees and agents of individuals, with different powers according to the constitution of the United States.

The national government and the state government have different powers and the powers are exercised by the people living within the jurisdictions. If the rights of people are violated, the constitution allows the people of America to address issues through either of the two governments (Burgess, 2006). In the initial setup, people could not complain to either government. The constitution of the United States has not defined the term federalism, but the constitution has set clear responsibilities and rights attached to the state officials and state governments in connection to the federal government (Gerston, 2007).

Federal government to an extent has some enumerated powers or express powers depending on context, as defined by the constitution. Some of the enumerated powers that have evolved with time are: right to levy taxes, right to regulate foreign and interstate commerce and rights to declare war; other powers have been reserved to the individual states. Amendment of the constitution has led to the different roles played by the national government and the state governments, which has shaped the current political system in the United States (LaCroix, 2011).

Federalism has taken a turn of events in the history of the United States. In the earlier times, the boundaries and balance of state governments and national governments have experienced drastic changes. The roles of the national government have been expanding with time and the expansions are expected to push over to the twenty first century. Dual federalism existed in 1789 to 1945, Fourth Amendment was done in 1861 to 1868 at the time of the civil war, globalization and industrialization were between 1865-1945, cooperative federalism was in 1945 to 1969 and new federalism still exist since 1969 (Ostrom, 2009).

There are a number of factors that have shaped the American federalism, which has been instrumental in shaping the political behaviors of the United States. The Supreme Court has shaped American federalism. In a number of cases, the Supreme Court has sided with the state governments. One of the most influential cases involved the 1995 United States v. Lopez, the Supreme Court argued that the Congress through the creation of gun free school zones overstepped authority, and there are other cases that have shaped the American political system (LaCroix, 2011).

Money is another factor that has shaped the relationship between federal government and the state government. The Congress has the responsibilities of giving money to the state governments, and at the same time the Congress designs and stipulates how the money should be used. It is argued that issues of money are used in forcing the state governments cooperate with federal policies that are set by the federal government. (Burgess, 2006)

Another factor is federal aid that is directed to the state governments. It has been noted that state governments over rely on funds from the federal government; this was after the World War II. The national government on the other side administers federal policies through the state governments, a concept known as fiscal federalism. Grants-in-aid are characterized with categorical grants and block grants (Gerston, 2007).

The creation of American policies is influenced by the federal government and the state governments. It has been noted that the federal government engage diverse modalities in compelling the state governments follow guidelines and policies. Congress uses pressure to the state governments through threatening in funds withdrawal to the state governments that are disobedient (Burgess, 2006). An example of a policy that was distributed to the state government from the federal government, drinking age was raised to twenty one among the young people; state governments that rejected the move were denied highway funds.

The Federal government in some cases uses mandates in forcing state governments comply with regulations. Examples are environmental regulations and housing laws among others. Unfunded mandates are characterized with policies that are not financed by the federal government. Congress passes mandates that are characterized with standards and regulations that must be followed by the state governments and local governments (Ostrom, 2009).

National government is more supreme than other governments in the United States, laws passed by the national governments are applicable in local governments and state governments. Preemption is used in compelling laws made by state governments that are against the national interest.

 

References

Burgess, M. (2006). Comparative Federalism: Theory and Practice. London: Routledge.

Gerston, L. N. (2007). American Federalism: A Concise Introduction. Armonk, New York: M.E.Sharpe.

LaCroix, A. L. (2011). The Ideological Origins of American Federalism. Cambridge, MA: Harvard University Press.

Ostrom, V. (2009). The Meaning of American Federalism . New York: Ics Pr.

 

 

 

 

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