federalism

Federalism: A system by which political power is divided between a national and state government, each having their own jurisdiction.

What does e plurubis unum mean and why is it significant?

FROM THE MANY, ONE

- United States is a collective

- better together

- coming together of states

Why would federalism have been proposed for the USA?

- Clear need for effective central/national government - experience of war, trade, etc, but...

- States desire to retain independence and wealth, and fear autocracy

The consequences of federalism

- How laws are made (they are split between federal only, state only + concurrent) - enumerated, implied, Amendment X

- How policy is developed e.g. on immigration

- How elections are run

- How political parties organise

- How tax is collected and how government programmes are funded nationally and at a state level

- How unified or not the nation is e.g. can regions agree on policy or constitutional change?

Federalism in the US Constitution

- A supreme document controls all within it - the Constitution
- Federal government has defined/enumerated powers - implied powers, too, under the necessary and proper clause (Art. 1, Sec. 8)
- State powers are clear - everything not in federal powers is state power through Amendment X
- Given certain concurrent powers - maintain law + taxes, borrow money, charter books, establish courts, public welfare)
- Both the federal branches and states are required to amend the Constitution
- Second chamber is the reserve of the States - originally picked by legislature of the states, 2 senators each, senate must approve all legislation, equal representation
- Umpire to settle disputes between federal-state - Supreme Court, centre-region = federal-state

Federalism was intended to be a balance between states and the federal government (effective yet limited central government; independent but inified states.) Originally there were only 3 federal government departments - war, money, foreign policy - under dual federalism, with a focus on the rights of the states. It became cooperative federalism some time in the 1920s and lasted until the 1950s, with an increase in federal government departments (health, labor, welfare, education,) and was all about states working with the federal government, using Categorical Grants (or, alternatively, grants-in-aid.) In the 1960s, it became creative federalism - where federal government would use funding to tell states what to do. Under new federalism (1970s-2000,) they reversed centralisation (which occurred due to cooperative and creative federalism), used block grants (blocks of money in vague policy areas) and unfunded mandates - where states would be required to perform functions without funding.

From the 1970s there has been a general move against the federal government...

- Federal programmes = bureaucratic
- Sceptical of government ability to tackle real problems
- Distrust of Washington politics
- Supreme Court balance shift - Rehnquist and Roberts
- Executive and legislative dominated by Republicans; general opposition of big federal government

However reasons have meant why this has not been consistently followed...

- Republicans spend a lot (federal outlays are up) in federal budget despite opposing big federal government
- Had to react to things (Iraq, Afghanistan (post 9/11), Economic Crash of 2008)
- States dependent on federal government due to debt

Small federal government

- Deregulation of the economy (Bush Jr.)
- Reduce scope of federal government (dismantle EPA and regulations, Paris Agreement, etc., Dakota pipeline, replace Obamacare) (Trump)

Big federal government

- No Child Left Behind / Education (telling states how to win their education system, in essence) (Bush Jr.)
- Homeland Security (increase in spending) (Bush Jr.)
- Medicare (Bush Jr.)
- Most policy areas (Obama)
- Spend federally on some projects (wall on border with Mexico) (Trump)
- Overrule states where they go against federal government ideologically (Paris Agreement duties; sactuary cities; drug policies) (Trump)

Westward expansion

- Settlement from 13 colonies spread west - new states, slavery was outlawed
- More states enacted under federal gov't = bigger federal gov't
- Creation of states so moving back to states

Population growth

- Under 4 mill in 1790 - 322 million by 2016
- Needs management by growing gov't
- Shifted to the centre - needed more/better representation (President/Congress)
- More people means more state needs more representation

Industrialisation

- Need for gov't regulation to keep it running - federal executive had Dept of Commerce and Labor from 1903
- States are less separated so centred more due to new laws, etc. and ease of access

Improved comms

- Journeys are faster and communication is better/easier; radio + TV brought instant communication and national identity
- More like one big economy - more power to federal gov't as a whole
- Overriding states so they get less choices

Events

- Great Depression 1929
- State gov't didn't have enough money to cope with creation of jobs, prompted Roosevelt - schools, power plants
- States had no resources so federal gov't responsibility

Foreign policy

- World War II meant America came out as a world superpower and federal gov't (with jurisdiction over foreign policy) found role enhanced
- Federal gov't had more power as role grew in WWII - defender of the free world, clear role helping

Supreme Court decisions

- SC decisions on interpreting implied powers gave more power to the federal gov't
- More expansive meaning to Congressional powers
- More decisions in favour of Congress powers
- Not sending power to states keeping it at Congress
- Rehnquist and oberts have, however, restricted clauses (and Congress therefore restricted federal gov't)

Constitutional amendments

- Powers changed by 14th Amendment (No State shall deprive any person of life, liberty or property without due process of Law), 16th (income tax)
- Used for invalidating state laws on segregation/racial discrimination
- Outlaw other state laws
- Gave power back to federal gov't
- SC can rule/outlaw laws as unlawful/unconstitutional
- Federal gov't can scrap state laws
- Constitutional amendment - 14th limits state laws, 16th about income tax

Centralisation has been caused by westward expansion, industrialisation, events, foreign policy and supreme court decisions, among other things. Westward expansion was the spread of the thirteen colonies west to form new states with slavery outlawed, with more states created by the federal government which creates a bigger government as the basis for centralisation (but is creating states.) Industrialisation needed government regulation to keep it running, resulting in the creation of the Department of Commerce and Labor introduced in 1903, with states less separated leading to centralisation. Events, such as the Great Depression (1929), required federal government to step in as state governments didn't have enough money to cope with job creation, and is evidenced by Roosevelt creating schools and power plants, giving federal government the most responsibility. Foreign policy arose post WWII, where America had emerged as a world superpower and enhanced federal government role, with interpret the federal governments implied powers, with more decisions favoring Congress powers, not sending power to states but Rehnquist and Roberts have restricted this in their cases decisions.

The relationship is supposed to be a balance between the states and the federal government (effective but limited central government; independent but unified states.) This is known as 'dual federalism.' For various reasons, this has changed over time with a general trend towards the centre.

There has, however, been an ideological response to that. Attempts are made to return to dual federalism (reducing the size of federal government; increasing the responsibilities of states.) This is known as 'new federalism.'