Federalism in the US

Study Notes

Federalism is a system of governance where power is divided between a national government and state governments.
Each level of government operates relatively independently, collaborating when necessary.
Federalism is a dynamic system, evolving over time through different stages.

Dual Federalism (1790s - Early 1930s)
- State governments held more power, with well-defined boundaries between federal and state authority.
- This is viewed as a "layered cake" model, with clear division of responsibilities.
- Characterized by limited federal government involvement.
Cooperative Federalism (Early 1930s - 1960s)
- Federal government's power increased significantly, particularly in response to the Great Depression and WWII.
- Blurring of lines between federal and state authority, referred to as "marble cake federalism."
New Federalism (1960s - 2000s)
- Presidents Nixon and Clinton aimed to shift power back to states, but ultimately resembled cooperative federalism more than dual federalism.

While not explicitly mentioned in the Constitution, federalism is evident in the division of powers between national and state governments.
Each level is dominant in specific areas, such as national defense for the federal government and law and order for the states.
The Tenth Amendment explicitly protects state autonomy, reserving powers not given to the federal government for the states or the people.

Dual Sovereignty: Both state and national governments share power, with the federal government responsible for national defense and states for law and order.
State Autonomy: The Tenth Amendment safeguards certain powers for the states and "the people."
Checks and Balances: This system prevents any one branch of government from accumulating excessive power.

An ongoing debate exists regarding the extent to which the USA remains a federal system.
There are arguments about how effectively the Constitution protects states' rights.
The rise of federal government power, particularly in the early 1900s, is considered "federal encroachment."
Despite efforts to restore state sovereignty, the current balance of power remains a subject of debate.

The division of powers between federal and state governments is illustrated through a table, showing national, concurrent (shared), and state powers.

The key features of the US Constitution include separation of powers between the executive, legislative, and judicial branches, checks and balances to prevent concentrated power, and the Bill of Rights that protects individual liberties.
Examples of checks and balances include:
- The President can veto legislation passed by Congress, but Congress can override the veto with a two-thirds majority vote.
- The Supreme Court can declare laws unconstitutional, but the President nominates judges to the court, and the Senate confirms them.
The effectiveness of checks and balances differs in a united government (where the president and majority of Congress belong to the same party) and a divided government (where they belong to different parties). In a united government, checks and balances might be less effective as the president and Congress can potentially agree on legislation more readily. In a divided government, it is harder to pass legislation, increasing the likelihood of gridlock, potentially making checks and balances more effective.
In the U.S. Constitution, federalism means a system of governance where power is divided between the national government and state governments, each with their own designated areas of authority.