Federalism

Federalism

American Federalism is a form of government in which the constitution distributes governmental powers between national and state governments. Throughout US history federalism has played a role in the constitution and system of government adapted by our country, which has changed throughout US history to fit the government and its constitution. (Wright '96)

Montesquieu, a French philosopher important to constitutional thought wrote "The Spirit of the Laws." In this were theories and views: some were that the Republic form of government was only possible in small communities, or a federal republic where several societies form to make a more new and enlarged society. Montesquieu believed the cure for internal discord in a country is commerce, because it cures destructive prejudices and keeps people aware of interdependence.

The separation of powers, another one of Montisquieu, he discusses the three distinctive branches of government. The people in each branch should develop distinct ways of governing to provide society with an accommodation in the governments decision-making roles. Checks and Balances, another theory, is a system where one branch of government has some form of power over the other two branches. James Madison referred to Montesquieu as the "oracle who is always consulted and cited." (Winchester '99)

David Hume another philosopher, born in Edinburg, Scotland, wrote "Idea of the Perfect Commonwealth," which stated that opinion is divided into two kinds: interest and right; right: power and property. Hume lead by John Locke and George Berkeley believed we should keep and improve our ancient governments to prevent new radical forms of government.

A more contemporary and widely accepted approach regarding the birth of federalism is that it was essentially created with the Declaration of Independence and the gradual confederation of the American states in the late 1700's and early 1800's. The United States fits the mold most common with the Federal states. Federalism was incorporated in the constitution for many different reasons. One is to prevent the new form of government. Two, because America contained a large plot of land which was filled with a very diverse population. Typically the only way to unite a heterogeneous population is through a federal government, because it is the only way to articulate and protect regional interests. Under federalism, state and national governments have specific limit, and rights. The national government has the right to habeas corpus, and control of interstate commerce. States couldn't tax imports and exports, nor impair obligation of contracts. Also Federalism was created to ensure both separate governments certain privileges. The Framers of the Constitution believed that the competition between both of the governments would create an effective limitation on each government's power.

As the United States evolved so did federalism as an ideology and as a political practice. Constant amendments to the constitution created the ever-evolving division of power. As federalism became more accepted it constantly was reformed as it passed through a number of stages inherent to the time period.

The first stage was the confederal stage. At this early point in time the states retained sovereign power, while the weak national government was at their whim. The confederal stage was present at the time of the Declaration of Independence. As time progressed the states developed powers within a certain sphere, while the weak national government was merely progressed slowly while the states developed powers within a different sphere. Gradually the states gave up more and more of their power to the federal level. This resulted in the dual federalism period. In the first portion of this period, from 1789-1861 the national level became the sovereign and the spheres become equal in power. (Winchester '99)

The next stage in the progression of federalism is known as cooperative federalism. In this phase the emphasis was placed on shared functions and providing services for taxpayers. This stage lasted for almost one hundred years, from 1861 until 1960. Following cooperative federalism was creative federalism. Creative federalism is based on intergovernmental fiscal transfers (Walker '95), or as they are commonly known: transfer payments. Transfer payments are payments from the national government to the states or provinces to pay for provincially run programs such as health care. Creative federalism lasted for twenty years from 1960 to 1980.

The final stage of federalism, and the stage we are presently in, is known as cooptive federalism, and the stage we are presently in, is known as cooptive federalism. Cooptive federalism is based on the devolution and deregulation of government. This has been a time riddled with cut backs and spending cuts. Also this is a time period where the deficit has dominated and controlled government operations.

Now there are many papers, court costs, and amendments that have helped the process of change. The Federalists Papers, forty-five and forty-six, written by James Madison supported some ideas of federalism in them. In Federalist Papers 45, "The Alleged Danger from the Powers of the Union to the State Governments." In Federalist Papers 46, "The Influence of the state and federal governments." (Magleby '07)

The Federalist Papers forty-five, cited federalism in a few areas. One area the power to tax was in it. If federal government had tax collectors, then so will the state governments. Madison believed the national and state governments should both have their own powers; the national government powers on war, peace, foreign commerce, and negotiation; the state powers concerning the lives and liberties of the people such as improvement and prosperity of the states.

Federalist Papers forty-six had federalism incorporated in it also. It stated the state governments should build up an army to ready themselves in case of federal government invading the states. Madison believed the federal government powers are as little as those of the states in recollection to the Union. (Winchester '99)

The "necessary and proper clause" or the elastic clause set forth the implied powers of Congress, that in addition to its expresses powers has the right to make all laws necessary and proper for carrying out all powers vested by the Constitution in the national government (Magleby '07). The significance of enumerated powers is a source of strength to the national government, not a limitation to it. This clause was settled by the Supreme Court under the Chief Justice John Marshall. Who basically expanded the clause throughout the States and declared states didn't