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• Introduction

Written constitution

Noncentralization, areal division of power, elements maintaining noncentralization, elements maintaining the federal principle.

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• Social Science LibreTexts - The Meanings of Federalism
• Princeton University - Encyclopedia Princetoniensis - Federalism and Federation
• Free Speech Center at Middle Tennessee State University - Federalism
• Salt Lake Community College - Attenuated Democracy - The Historical Development of Federalism
• Open Oregon Educational Resources - Federalism
• Brookings - Why Federalism Matters
• The Canadian Encyclopedia - Federalism
• Hoover Institution - Federalism
• Stanford Encyclopedia of Philosophy - Federalism
• Table Of Contents

federalism , mode of political organization that unites separate states or other polities within an overarching political system in a way that allows each to maintain its own integrity . Federal systems do this by requiring that basic policies be made and implemented through negotiation in some form, so that all the members can share in making and executing decisions. The political principles that animate federal systems emphasize the primacy of bargaining and negotiated coordination among several power centres; they stress the virtues of dispersed power centres as a means for safeguarding individual and local liberties.

The various political systems that call themselves federal differ in many ways. Certain characteristics and principles, however, are common to all truly federal systems.

First, the federal relationship must be established or confirmed through a perpetual covenant of union , usually embodied in a written constitution that outlines the terms by which power is divided or shared; the constitution can be altered only by extraordinary procedures. These constitutions are distinctive in being not simply compacts between rulers and ruled but involving the people, the general government, and the states constituting the federal union. The constituent states, moreover, often retain constitution-making rights of their own.

Second, the political system itself must reflect the constitution by actually diffusing power among a number of substantially self-sustaining centres. Such a diffusion of power may be termed noncentralization . Noncentralization is a way of ensuring in practice that the authority to participate in exercising political power cannot be taken away from the general or the state governments without common consent.

A third element of any federal system is what has been called in the United States territorial democracy . This has two faces: the use of areal divisions to ensure neutrality and equality in the representation of the various groups and interests in the polity and the use of such divisions to secure local autonomy and representation for diverse groups within the same civil society . Territorial neutrality has proved highly useful in societies that are changing, allowing for the representation of new interests in proportion to their strength simply by allowing their supporters to vote in relatively equal territorial units. At the same time, the accommodation of very diverse groups whose differences are fundamental rather than transient by giving them territorial power bases of their own has enhanced the ability of federal systems to function as vehicles of political integration while preserving democratic government. One example of this system may be seen in Canada , which includes a population of French descent, centred in the province of Quebec.

Elements maintaining union

Modern federal systems generally provide direct lines of communication between the citizenry and all the governments that serve them. The people may and usually do elect representatives to all the governments, and all of them may and usually do administer programs that directly serve the individual citizen.

The existence of those direct lines of communication is one of the features distinguishing federations from leagues or confederations . It is usually based on a sense of common nationality binding the constituent polities and people together. In some countries this sense of nationality has been inherited, as in Germany , while in the United States, Argentina , and Australia it had to be at least partly invented. Canada and Switzerland have had to evolve this sense in order to hold together strongly divergent nationality groups.

Geographic necessity has played a part in promoting the maintenance of union within federal systems. The Mississippi Valley in the United States, the Alps in Switzerland, the island character of the Australian continent, and the mountains and jungles surrounding Brazil have all been influences promoting unity; so have the pressures for Canadian union arising from that country’s situation on the border of the United States and the pressures upon the German states generated by their neighbours to the east and west. In this connection, the necessity for a common defense against common enemies has stimulated federal union in the first place and acted to maintain it.

The constituent polities in a federal system must be fairly equal in population and wealth or else balanced geographically or numerically in their inequalities. In the United States, each geographic section has included both great and small states. In Canada, the ethnic differences between the two largest and richest provinces have prevented them from combining against the others. Swiss federalism has been supported by the existence of groups of cantons of different sizes and religio-linguistic backgrounds. Similar distributions exist in every other successful federal system.

A major reason for the failure of federal systems has often been a lack of balance among the constituent polities. In the German federal empire of the late 19th century, Prussia was so dominant that the other states had little opportunity to provide national leadership or even a reasonably strong alternative to the policy of the king and government. During the Soviet era (1917–90/91), the existence of the Russian Soviet Federated Socialist Republic—occupying three-fourths of the area and containing three-fifths of the population—severely limited the possibility of authentic federal relationships in that country even if the communist system had not.

Successful federal systems have also been characterized by the permanence of their internal boundaries. Boundary changes may occur, but such changes are made only with the consent of the polities involved and are avoided except in extreme situations.

In a few very important cases, noncentralization is given support through the constitutionally guaranteed existence of different systems of law in the constituent polities. In the United States, each state’s legal system stems directly and to a certain extent uniquely from English (and, in one case, French) law, while federal law occupies only an interstitial position binding the systems of the 50 states together. The resulting mixture of laws keeps the administration of justice substantially noncentralized, even in federal courts. In Canada, the existence of common-law and civil-law systems side by side has contributed to French-Canadian cultural survival. Federal systems more often provide for modification of national legal codes by the subnational governments to meet special local needs, as in Switzerland.

The point has often been made that in a truly federal system the constituent polities must have substantial influence over the formal or informal constitutional -amending process. Since constitutional changes are often made without formal constitutional amendment , the position of the constituent polities must be such that serious changes in the political order can be made only by the decision of dispersed majorities that reflect the areal division of powers . Federal theorists have argued that this is important for popular government as well as for federalism.

Noncentralization is also strengthened by giving the constituent polities guaranteed representation in the national legislature and often by giving them a guaranteed role in the national political process. The latter is guaranteed in the written constitutions of the United States and Switzerland. In other systems, such as those of Canada and Latin America, the constituent polities have acquired certain powers of participation, and these have become part of the unwritten constitution.

Perhaps the most important single element in the maintenance of federal noncentralization is the existence of a noncentralized party system. Noncentralized parties initially develop out of the constitutional arrangements of the federal compact, but once they have come into existence they tend to be self-perpetuating and to function as decentralizing forces in their own right. The United States and Canada provide examples of the forms that a noncentralized party system may take. In the two-party system of the United States, the parties are actually coalitions of the state parties (which may in turn be dominated by specific local party organizations) and generally function as national units only for the quadrennial presidential elections or for purposes of organizing the national Congress.

In Canada, on the other hand, the parliamentary form of government, with its requirements of party responsibility, means that on the national plane considerably more party cohesiveness must be maintained simply in order to gain and hold power. There has been a fragmentation of the parties along regional or provincial lines. The party victorious in national elections is likely to be the one able to expand its provincial electoral bases temporarily to national proportions.

Federal nations with less-developed party systems frequently gain some of the same decentralizing effects through what has been called caudillismo —in which power is diffused among strong local leaders operating in the constituent polities. Caudillistic noncentralization has apparently existed also in Nigeria and Malaysia.

Several devices found in federal systems serve to maintain the federal principle itself. Two of these are of particular importance.

The maintenance of federalism requires that the central government and the constituent polities each have substantially complete governing institutions of their own, with the right to modify those institutions unilaterally within limits set by the compact. Both separate legislative and separate administrative institutions are necessary.

The contractual sharing of public responsibilities by all governments in the system appears to be a fundamental characteristic of federalism. Sharing, broadly conceived, includes common involvement in policy making, financing, and administration. Sharing may be formal or informal; in federal systems, it is usually contractual. The contract is used as a legal device to enable governments to engage in joint action while remaining independent entities. Even where there is no formal arrangement, the spirit of federalism tends to infuse a sense of contractual obligation.

Federal systems or systems strongly influenced by federal principles have been among the most stable and long-lasting of polities. But the successful operation of federal systems requires a particular kind of political environment , one that is conducive to popular government and has the requisite traditions of political cooperation and self-restraint. Beyond this, federal systems operate best in societies with sufficient homogeneity of fundamental interests to allow a great deal of latitude to local government and to permit reliance upon voluntary collaboration. The use of force to maintain domestic order is even more inimical to the successful maintenance of federal patterns of government than to other forms of popular government. Federal systems are most successful in societies that have the human resources to fill many public offices competently and the material resources to afford a measure of economic waste as part of the price of liberty.

Intro.7.3 Federalism and the Constitution

Another basic concept embodied in the Constitution is federalism, which refers to the division and sharing of power between the national and state governments. 1 Footnote See Bond v. United States , 572 U.S. 844, 857–58 (2014) ( Among the background principles . . . that our cases have recognized are those grounded in the relationship between the Federal Government and the States under our Constitution. ). By allocating power among state and federal governments, the Framers sought to establish a unified national government of limited powers while maintaining a distinct sphere of autonomy in which state governments could exercise a general police power. 2 Footnote The Federalist No. 45 (James Madison) ( 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. ). See also United States v. Morrison , 529 U.S. 598, 618 (2000) ( Indeed, we can think of no better example of the police power, which the Founders denied the National Government and reposed in the States, than the suppression of violent crime and vindication of its victims. ). Although the Framers’ sought to preserve liberty by diffusing power, 3 Footnote Bond v. United States , 564 U.S. 211, 222 (2011) ( By denying any one government complete jurisdiction over all the concerns of public life, federalism protects the liberty of the individual from arbitrary power. When government acts in excess of its lawful powers, that liberty is at stake. ); United States v. Lopez , 514 U.S. 549, 576 (1995) (Kennedy, J., concurring) ( Though on the surface the idea may seem counterintuitive, it was the insight of the Framers that freedom was enhanced by the creation of two governments, not one. ). Justices and scholars have noted that federalism has other advantages, 4 Footnote See generally Erwin Chemerinsky , Constitutional Law: Principles and Policies 127 (4th ed. 2011) . including that it allows individual states to experiment with novel government programs as laboratories of democracy 5 Footnote See New State Ice Co. v. Liebmann , 285 U.S. 262, 311 (1932) (Brandeis, J., dissenting) ( It is one of the happy incidents of the federal system that a single courageous State may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country. ). and increases the accountability of elected government officials to citizens. 6 Footnote See FTC v. Ticor Title Ins. Co. , 504 U.S. 621, 636 (1992) ( Federalism serves to assign political responsibility, not to obscure it. ); see also Lopez , 514 U.S. at 576 (Kennedy, J., concurring) ( The theory that two governments accord more liberty than one requires for its realization two distinct and discernable lines of political accountability: one between the citizens and the Federal Government; the second between the citizens and the States. ).

Although the text of the Constitution does not clearly delineate many of the boundaries between the powers of the federal and state governments, the Supreme Court has frequently invoked certain constitutional provisions when determining that Congress has exceeded its constitutional powers and infringed upon state sovereignty. 7 Footnote Cf. Chemerinsky , supra note 4 , at 115 ( A basic principle of American government is that Congress may act only if there is express or implied authority in the Constitution, whereas states may act unless the Constitution prohibits the action. ). One well-known provision, regarded by the Court as both a shield and sword to thwart federal encroachment, is the Tenth Amendment, which provides that the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. In modern times, the Court has vacillated 8 Footnote Id. at 3 ( Early in [the 20th] century, the Court aggressively used the Tenth Amendment as a limit on Congress’s power. After 1937, the Court rejected this view and did not see the Tenth Amendment as a basis for declaring federal laws unconstitutional. In the 1990s, however, the Tenth Amendment was once more used by the Supreme Court to invalidate federal statutes. ). between the view that the Tenth Amendment operates to restrict Congress’s power 9 Footnote See, e.g. , Hammer v. Dagenhart , 247 U.S. 251, 273–74 (1918) ( The grant of power to Congress over the subject of interstate commerce was to enable it to regulate such commerce, and not to give it authority to control the states in their exercise of the police power over local trade and manufacture. The grant of authority over a purely federal matter was not intended to destroy the local power always existing and carefully reserved to the States in the Tenth Amendment to the Constitution. ), overruled , United States v. Darby , 312 U.S. 100 (1941) ; Nat’l League of Cities v. Usery , 426 U.S. 833, 851–52 (1976) (holding that Congress’s Commerce Clause power did not extend to regulation of wages, hours, and benefits of state employees because the Tenth Amendment reserves that area to the states), overruled , Garcia v. San Antonio Metro. Transit Auth. , 469 U.S. 528 (1985) ; NFIB v. Sebelius , 567 U.S. 519, 588 (2012) ( Congress has no authority to order the States to regulate according to its instructions. Congress may offer the States grants and require the States to comply with accompanying conditions, but the States must have a genuine choice whether to accept the offer. ). and the view that the amendment is a mere truism 10 Footnote Darby , 312 U.S. at 124 ( The amendment states but a truism that all is retained which has not been surrendered. ). that cannot be used to strike down federal statutes. 11 Footnote NLRB v. Jones & Laughlin Steel Corp. , 301 U.S. 1, 30 (1937) (upholding the National Labor Relations Act of 1935 as a proper exercise of Congress’s Commerce Clause power and consistent with the Tenth Amendment); Darby , 312 U.S. at 123–24 ( The [Tenth Amendment] states but a truism that all is retained which has not been surrendered. There is nothing in the history of its adoption to suggest that it was more than declaratory of the relationship between the national and state governments as it had been established by the Constitution before the amendment or that its purpose was other than to allay fears that the new national government might seek to exercise powers not granted, and that the states might not be able to exercise fully their reserved powers. ); San Antonio Metro. Transit Auth. , 469 U.S. at 556–57 (holding that Congress’s Commerce Clause power extended to regulation of wages and hours of state and local employees and declaring that the Court’s decision in Nat’l League of Cities v. Usery underestimated, in [the Court’s] view, the solicitude of the national political process for the continued vitality of the States ). Other notable provisions addressing Congress’s power relative to the states that the Court has debated include the Supremacy Clause in Article VI, which establishes federal law as superior to state law; 12 Footnote See generally Gregory E. Maggs & Peter J. Smith , Constitutional Law: A Contemporary Approach 246 (2d ed. 2011) (noting the doctrine of federal preemption, which is based on the Supremacy Clause, is the most common constitutional ground upon which state laws are judicially invalidated ). the Commerce Clause in Article I, Section 8, Clause 3, which grants Congress the authority to legislate on matters concerning interstate commerce; 13 Footnote See, e.g. , United States v. Lopez , 514 U.S. 549, 551 (1995) (holding that Congress had exceeded its Commerce Clause power when it enacted a law criminalizing possession of a firearm near a school). and Section 5 of the Fourteenth Amendment, which grants Congress the power to enforce that Amendment’s guarantees against the states through the enactment of appropriate legislation. 14 Footnote See, e.g. , City of Boerne v. Flores , 521 U.S. 507, 519–20 (1997) (holding that the scope of Congress’s enforcement power under Section 5 of the Fourteenth Amendment did not grant Congress the power to invade the sovereign rights of the states), superseded on other grounds by statute as stated in Holt v. Hobbs , 574 U.S. 352 (2015) . More broadly, federalism principles also undergird many Supreme Court decisions interpreting individual rights and the extent to which the Court should federalize, for example, the rights afforded to state criminal defendants. 15 Footnote See, e.g. , Coleman v. Thompson , 501 U.S. 722, 726 (1991) ( This is a case about federalism. It concerns the respect that federal courts owe the States and the States’ procedural rules when reviewing the claims of state prisoners in federal habeas corpus. ); Spencer v. Texas , 385 U.S. 554, 563–64 (1967) ( Cases in this Court have long proceeded on the premise that the Due Process Clause guarantees the fundamental elements of fairness in a criminal trial . . . But it has never been thought that such cases establish this Court as a rule-making organ for the promulgation of state rules of criminal procedure. ) (internal citations omitted). But judges and scholars disagree on how basic principles of federalism should be realized, and a key point of controversy is whether the judiciary should enforce the interests of the states against the Federal Government or leave the resolution of such key questions about the relationship between federal and state power to the political process. 16 Footnote E.g. , Gonzales v. Raich , 545 U.S. 1, 33 (2005) (upholding Congress’s regulation of intrastate cultivation and possession of marijuana for medical use as a proper exercise of its Commerce Clause power and stating that more important than these legal avenues is the democratic process, in which the voices of voters allied with these respondents may one day be heard in the halls of Congress ). Scholars have also considered this question. See generally Jesse H. Choper , The Scope of National Power Vis-a-Vis the States: The Dispensability of Judicial Review , 86 Yale L.J. 1552, 1557 (1977) ( [T]he federal judiciary should not decide constitutional questions respecting the ultimate power of the national government vis-a-vis the states; the constitutional issue whether federal action is beyond the authority of the central government and thus violates ‘states rights’ should be treated as nonjusticiable, with final resolution left to the political branches. ).

•   Jump to essay-1 See Bond v. United States , 572 U.S. 844, 857–58 (2014) ( Among the background principles . . . that our cases have recognized are those grounded in the relationship between the Federal Government and the States under our Constitution. ).
•   Jump to essay-2 The Federalist No. 45 (James Madison) ( 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. ). See also United States v. Morrison , 529 U.S. 598, 618 (2000) ( Indeed, we can think of no better example of the police power, which the Founders denied the National Government and reposed in the States, than the suppression of violent crime and vindication of its victims. ).
•   Jump to essay-3 Bond v. United States , 564 U.S. 211, 222 (2011) ( By denying any one government complete jurisdiction over all the concerns of public life, federalism protects the liberty of the individual from arbitrary power. When government acts in excess of its lawful powers, that liberty is at stake. ); United States v. Lopez , 514 U.S. 549, 576 (1995) (Kennedy, J., concurring) ( Though on the surface the idea may seem counterintuitive, it was the insight of the Framers that freedom was enhanced by the creation of two governments, not one. ).
•   Jump to essay-4 See generally Erwin Chemerinsky , Constitutional Law: Principles and Policies 127 (4th ed. 2011) .
•   Jump to essay-5 See New State Ice Co. v. Liebmann , 285 U.S. 262, 311 (1932) (Brandeis, J., dissenting) ( It is one of the happy incidents of the federal system that a single courageous State may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country. ).
•   Jump to essay-6 See FTC v. Ticor Title Ins. Co. , 504 U.S. 621, 636 (1992) ( Federalism serves to assign political responsibility, not to obscure it. ); see also Lopez , 514 U.S. at 576 (Kennedy, J., concurring) ( The theory that two governments accord more liberty than one requires for its realization two distinct and discernable lines of political accountability: one between the citizens and the Federal Government; the second between the citizens and the States. ).
•   Jump to essay-7 Cf. Chemerinsky , supra note 4 , at 115 ( A basic principle of American government is that Congress may act only if there is express or implied authority in the Constitution, whereas states may act unless the Constitution prohibits the action. ).
•   Jump to essay-8 Id. at 3 ( Early in [the 20th] century, the Court aggressively used the Tenth Amendment as a limit on Congress’s power. After 1937, the Court rejected this view and did not see the Tenth Amendment as a basis for declaring federal laws unconstitutional. In the 1990s, however, the Tenth Amendment was once more used by the Supreme Court to invalidate federal statutes. ).
•   Jump to essay-9 See, e.g. , Hammer v. Dagenhart , 247 U.S. 251, 273–74 (1918) ( The grant of power to Congress over the subject of interstate commerce was to enable it to regulate such commerce, and not to give it authority to control the states in their exercise of the police power over local trade and manufacture. The grant of authority over a purely federal matter was not intended to destroy the local power always existing and carefully reserved to the States in the Tenth Amendment to the Constitution. ), overruled , United States v. Darby , 312 U.S. 100 (1941) ; Nat’l League of Cities v. Usery , 426 U.S. 833, 851–52 (1976) (holding that Congress’s Commerce Clause power did not extend to regulation of wages, hours, and benefits of state employees because the Tenth Amendment reserves that area to the states), overruled , Garcia v. San Antonio Metro. Transit Auth. , 469 U.S. 528 (1985) ; NFIB v. Sebelius , 567 U.S. 519, 588 (2012) ( Congress has no authority to order the States to regulate according to its instructions. Congress may offer the States grants and require the States to comply with accompanying conditions, but the States must have a genuine choice whether to accept the offer. ).
•   Jump to essay-10 Darby , 312 U.S. at 124 ( The amendment states but a truism that all is retained which has not been surrendered. ).
•   Jump to essay-11 NLRB v. Jones & Laughlin Steel Corp. , 301 U.S. 1, 30 (1937) (upholding the National Labor Relations Act of 1935 as a proper exercise of Congress’s Commerce Clause power and consistent with the Tenth Amendment); Darby , 312 U.S. at 123–24 ( The [Tenth Amendment] states but a truism that all is retained which has not been surrendered. There is nothing in the history of its adoption to suggest that it was more than declaratory of the relationship between the national and state governments as it had been established by the Constitution before the amendment or that its purpose was other than to allay fears that the new national government might seek to exercise powers not granted, and that the states might not be able to exercise fully their reserved powers. ); San Antonio Metro. Transit Auth. , 469 U.S. at 556–57 (holding that Congress’s Commerce Clause power extended to regulation of wages and hours of state and local employees and declaring that the Court’s decision in Nat’l League of Cities v. Usery underestimated, in [the Court’s] view, the solicitude of the national political process for the continued vitality of the States ).
•   Jump to essay-12 See generally Gregory E. Maggs & Peter J. Smith , Constitutional Law: A Contemporary Approach 246 (2d ed. 2011) (noting the doctrine of federal preemption, which is based on the Supremacy Clause, is the most common constitutional ground upon which state laws are judicially invalidated ).
•   Jump to essay-13 See, e.g. , United States v. Lopez , 514 U.S. 549, 551 (1995) (holding that Congress had exceeded its Commerce Clause power when it enacted a law criminalizing possession of a firearm near a school).
•   Jump to essay-14 See, e.g. , City of Boerne v. Flores , 521 U.S. 507, 519–20 (1997) (holding that the scope of Congress’s enforcement power under Section 5 of the Fourteenth Amendment did not grant Congress the power to invade the sovereign rights of the states), superseded on other grounds by statute as stated in Holt v. Hobbs , 574 U.S. 352 (2015) .
•   Jump to essay-15 See, e.g. , Coleman v. Thompson , 501 U.S. 722, 726 (1991) ( This is a case about federalism. It concerns the respect that federal courts owe the States and the States’ procedural rules when reviewing the claims of state prisoners in federal habeas corpus. ); Spencer v. Texas , 385 U.S. 554, 563–64 (1967) ( Cases in this Court have long proceeded on the premise that the Due Process Clause guarantees the fundamental elements of fairness in a criminal trial . . . But it has never been thought that such cases establish this Court as a rule-making organ for the promulgation of state rules of criminal procedure. ) (internal citations omitted).
•   Jump to essay-16 E.g. , Gonzales v. Raich , 545 U.S. 1, 33 (2005) (upholding Congress’s regulation of intrastate cultivation and possession of marijuana for medical use as a proper exercise of its Commerce Clause power and stating that more important than these legal avenues is the democratic process, in which the voices of voters allied with these respondents may one day be heard in the halls of Congress ). Scholars have also considered this question. See generally Jesse H. Choper , The Scope of National Power Vis-a-Vis the States: The Dispensability of Judicial Review , 86 Yale L.J. 1552, 1557 (1977) ( [T]he federal judiciary should not decide constitutional questions respecting the ultimate power of the national government vis-a-vis the states; the constitutional issue whether federal action is beyond the authority of the central government and thus violates ‘states rights’ should be treated as nonjusticiable, with final resolution left to the political branches. ).

This lesson includes

Guiding Questions

• How has the Constitutional principle of federalism shaped government policies over time?
• How does the legacy of slavery relate to the principle of federalism?
• To what extent and in what ways have the powers and functions of the two levels of government changed in the 20th and 21st centuries?
• How has the Supreme Court interpreted the Commerce Clause?
• How did Founders Roger Sherman and James Madison understand federalism?
• Students will describe functions of the national government according to Article I of the Constitution.
• Students will explain how the Constitution in Article IV and the Tenth Amendment both prohibits and enables certain state powers.
• Students will define terms: expressed, enumerated, and reserved powers.
• Students will analyze primary sources and the Constitution in order to understand the principle of federalism.

Expand Materials Materials

Student handouts, handout a: federalism venn diagram, handout b: article i sections 8, 9, 10 of the constitution and the tenth amendment.

• Handout C: State Power – Criticisms and Responses
• Handout D: Excerpts from Roger Sherman, June 6, 1787 (From Madison’s Notes on the Philadelphia Convention)
• Handout E: Excerpts from Federalist No. 39, James Madison (1788)
• Handout F: Excerpts from Democracy in America, Advantages of the Federal System, Alexis de Tocqueville (1835)

Handout G: An Overview of Federalism at the Founding and Early Republic

Handout h: how has the supreme court interpreted the commerce clause, handout i: commerce clause timeline.

Optional (Supplemental) Videos:

All videos can be found on the Bill of Rights Institute’s YouTube Channel

• Federalism | BRI’s Homework Help Series (4:40)
• Bill of Rights For Real Life: Federalism (10:08)
• Federalism and the Clarification of Slavery | Dr. Nicholas Cole | BRI’s Constitutional Conversations (5:03)
• U.S. v. Lopez | BRI’s Homework Help Series (5:56)
• What is Self-Governance and Why is it Important? | Dr. David Bobb | Constitutional Conversations (4:53)

Expand Key Terms Key Terms

• Alexis de Tocqueville
• Articles of Confederation
• Commerce Clause
• Constitution
• Decentralization/devolution
• Due process
• Electoral College
• Federalist No. 39
• Gibbons v. Ogden (1824)
• Great Depression
• James Madison
• Separation of powers
• Sixteenth Amendment
• Tenth Amendment
• United States v. Lopez (1995)

Expand Warmup Warmup

To begin, activate students’ prior knowledge by having them complete Handout A: Federalism Venn Diagram in order to differentiate which functions of government are best delegated to which level, state or federal. Discuss students’ answers as a whole group.

BRI Homework Help Video Federalism: https://youtu.be/QyCe2vxhp_Y

Expand Activities Activities

Have students use  Handout B: Article I Sections 8, 9, 10 of the Constitution and the Tenth Amendment  to review passages from the U.S. Constitution in order to understand how it distributes government powers. Students will write a title for each section or amendment, compare the ways in which power was divided between the states and federal government, explain the Founders reasoning for dividing power, and identifying the ways in which rights are protected in these articles and amendments. Have students discuss how their answers on  Handout A  might change based on their understanding from  Handout B .

Then students will consider a short essay to learn how the legacy of slavery is related to the principle of federalism by reading Handout C: State Power – Criticisms and Responses . Use the critical thinking questions to discuss with students how federalism was related to slavery and segregation in American history.

Have students read the following primary source excerpts to establish an understanding of how thinkers in the eighteenth and nineteenth centuries expected the principle of federalism to be applied. This activity might be done jigsaw style. (Divide the class into 3 sections, forming study groups, and assign one of the three documents to each section. Then form new groups to discuss all three documents. These sharing groups should consist of one or two students who worked on each of the three selections.)

• Handout F: Excerpts from Democracy in America, Advantages of the Federal System, Alexis de Tocqueville (1835) 

Have students work in their sharing groups to complete  Handout G: An Overview of Federalism at the Founding and Early Republic  to analyze the roles of the national and federal government according to each author.

Have students trace how interpretations of the Commerce Clause have changed the nature of federalism in the twentieth and twenty-first centuries by reading  Handout H: “How Has the Supreme Court Interpreted the Commerce Clause?” and completing  Handout I: Commerce Clause Timeline .

Expand Wrap Up Wrap Up

Whole group discussion: How has the Constitutional principle of federalism shaped government policies over time? Use specific documents and historical examples to support your comments.

Expand Homework Homework

Students will create a poster of federalism highlighting one part of American history. Students could research one topic within the lesson: a SCOTUS case, Jim Crow laws, New Deal programs; Commerce Clause.  Students must answer the question within their poster: How has the Constitutional principle of federalism shaped government policies over time?

Handout C: State Power Criticisms and Responses

Handout d: excerpts from roger sherman, june 6, 1787 (from madison’s notes on the philadelphia convention), handout e: excerpts from federalist no. 39, james madison (1788), handout f: excerpts from democracy in america, advantages of the federal system, alexis de tocqueville (1835).

Next Lesson

Related Resources

Essay: Federalism

Through the Constitution’s system of federalism power was divided between national and subnational governments allowing citizens to decide local questions for themselves. This decentralization he contended draws individuals out of private life and compels them to civic engagement.

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Course: US history   >   Unit 3

• The Articles of Confederation
• What was the Articles of Confederation?
• Shays's Rebellion
• The Constitutional Convention
• The US Constitution

The Federalist Papers

• The Bill of Rights
• Social consequences of revolutionary ideals
• The presidency of George Washington
• Why was George Washington the first president?
• The presidency of John Adams
• Regional attitudes about slavery, 1754-1800
• Continuity and change in American society, 1754-1800
• Creating a nation

• The Federalist Papers was a collection of essays written by John Jay, James Madison, and Alexander Hamilton in 1788.
• The essays urged the ratification of the United States Constitution, which had been debated and drafted at the Constitutional Convention in Philadelphia in 1787.
• The Federalist Papers is considered one of the most significant American contributions to the field of political philosophy and theory and is still widely considered to be the most authoritative source for determining the original intent of the framers of the US Constitution.

The Articles of Confederation and Constitutional Convention

• In Federalist No. 10 , Madison reflects on how to prevent rule by majority faction and advocates the expansion of the United States into a large, commercial republic.
• In Federalist No. 39 and Federalist 51 , Madison seeks to “lay a due foundation for that separate and distinct exercise of the different powers of government, which to a certain extent is admitted on all hands to be essential to the preservation of liberty,” emphasizing the need for checks and balances through the separation of powers into three branches of the federal government and the division of powers between the federal government and the states. 4 ‍  
• In Federalist No. 84 , Hamilton advances the case against the Bill of Rights, expressing the fear that explicitly enumerated rights could too easily be construed as comprising the only rights to which American citizens were entitled.

What do you think?

• For more on Shays’s Rebellion, see Leonard L. Richards, Shays’s Rebellion: The American Revolution’s Final Battle (Philadelphia: University of Pennsylvania Press, 2002).
• Bernard Bailyn, ed. The Debate on the Constitution: Federalist and Anti-Federalist Speeches, Articles, and Letters During the Struggle over Ratification; Part One, September 1787 – February 1788 (New York: Penguin Books, 1993).
• See Federalist No. 1 .
• See Federalist No. 51 .
• For more, see Michael Meyerson, Liberty’s Blueprint: How Madison and Hamilton Wrote the Federalist Papers, Defined the Constitution, and Made Democracy Safe for the World (New York: Basic Books, 2008).

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128 Federalism Essay Topics & Examples

Need to write a federalism essay? Looking for good federalism topics and samples for inspiration? This article is a great place to start!

⭐ Federalism Essay Prompts: Federalism in the United States

🏆 best federalism topics & essay examples, 🎓 good research topics about federalism, 🔍 federalism essay topics: simple & easy, 💡 most interesting federalism topics to write about, ❓ federalism essay questions.

What is federalism? Essay writing always starts with research, and we can help you with it. In short, federalism is a mode of government that combines general and regional governments. Your argumentative federalism essay can focus on federalism’s importance. Or, you can show your understanding of a unique system of governance in the United States.

In this article, you will find 74 excellent federalism essay topics and research ideas. You can also read our samples and use our free topic generator !

With its extensive territory and large population, the US required a robust government to sustain its infrastructure and grow into the global superpower it is today. However, its unique circumstances at the time of the formation made methods that were standard at the time inapplicable, forcing the Founding Fathers to innovate.

As a result, even two hundred years later, each state retains a considerable degree of independence. Your essay can cover any of the many different topics of federalism and its theoretical and practical applications:

• You can center your essay on the conflicting ideas of Aristotelian happiness and utilitarianism, with the Republican and Democratic parties representing the options, respectively. The purpose of a country is to make sure that its citizens are as happy and comfortable as they can be. However, the task becomes complicated when the question of what happiness means is taken into consideration.
• The emergence of the United States as a federation is a great federalism essay topic that can be explained by the circumstances of the nation’s formation. After fighting off the British in the Revolutionary War, the territory that would become the United States remained a loose alliance of small states, which can be considered a confederation. However, the system was ultimately non-viable, and the Founding Fathers had to create a more centralized country by creating and ratifying the Constitution.
• Alternatively, you can focus on the role if Constitution and its history. At first, many states formed anti-federalist movements and opposed the initiative, but eventually, they agreed to it after their concerns were addressed in the Bill of Rights. The Constitution has been amended many times, but its core has remained unchanged. The United States is still a federation, and its states can adopt many critical laws without requiring the approval of the central government.
• Discuss the idea of federalism in other countries that do not currently use it, providing examples. How much do the United States’ unique circumstances contribute to its ability to maintain a federation?
• Talk about examples of other federations that currently exist or have existed in the past. Some of their models differ considerably from that used in the United States.
• Discuss the idea of confederations and the reason why few to no countries can be classified as one despite their titles.

Find more ideas and excellent federalism essay samples below!

• The Evolution of American Federalism Madison alone wrote over 20 articles on the subject and helped in the development and ratification of the US constitution and the 39th article as well as Federalist 51 is regarded as the most indicative […]
• Federalism in United States Federalism is therefore defined as a coordination of the regime in which control and the influence of power is partitioned with an attempt to distribute it in the central government and the constituent supporting units.
• Federalist Paper No. 51 He states that all the different arms of the government, as per the constitution, should be independent of one another though they should work in the direction of achieving the same constitutional goals it was […]
• The United States Federalism and Political Culture Having established the central values of the United States’ political culture, it is worth discussing how some of them align with the concepts of federalism and anti-federalism. Therefore, it can be concluded that federalism is […]
• “American Federalism” Article by Derthick This article considers the issue of the effective distribution of powers between the central and federal administrations. Thus, it shows the division of powers between the national and federal administrations in 1965-1980 and the current […]
• Healthcare Regulations and Federalism’s Impact Although the ACA established the regulations for getting the coverage on federal levels, the government had to allow local policy-making due to the high autonomy of many regions.
• The Account of the Pros and Cons of Federalism To conclude, federalism and devolution are rather efficient forms of the state government provided they are properly implemented in the country.
• The Federalist Papers to Understand the United States Constitution The purpose of the federalist papers was to convince the people of New York to ratify the proposed constitution because most of the other states had already done so.
• The Impact of Fiscal Federalism on Financial Operations The ADA requirements influenced the fiscal and budgetary operations of American College Health Association in terms of enforcement of employment rights and observing the rights of employers and students with disabilities.
• Cooperative Federalism in the USA A vivid example of the implementation of the concept of dual federalism is the United States of America in the form in which they were initially formed.
• American Federalism: Why It Is Good for the Nation? In conclusion, it is necessary to note that historical, political, and cultural peculiarities of the United States make federalism the most appropriate type of governance for the country.
• The Major Eras of American Federalism The second category consists of the powers, which are “not delegated to [the national government of] the United States by the Constitution, nor prohibited by it to the states” and are referred to as the […]
• Fiscal Federalism: The Performance of Third-Party Implementers In the article ‘Public Performance and Management Review,’ the research question is “what can states do to maximize the performance of third-party implementers in the context of fiscal federalism?” The theory included a review of […]
• 10th Amendment & Federalism The 10th Amendment reads “The powers not delegated to the United States by the Constitution, nor prohibited to it by the States, are reserved to the States respectively, or to the people”.
• The Constitutional Debate About Government and Federalism The government provided for by this document was weak and this necessitated drafting of the American constitution after Shays Rebellion in the spring of 1787. There have been major changes in the media and technology […]
• The Current State of Federalism in the 21st Century The outcome of the civil war of the 60-is of the XIX century was the doctrine of eternal union, recognizing the U.S.as a single state, created by the will of the entire American people, excluding […]
• Federalism Advantages and Disadvantages This paper discusses the advantages and disadvantages of a federal system of government. A federal government can either be centralized where the central government has broad powers compared to state or provincial powers, or a […]
• Constitutionalism and Federalism in State Politics The Constitution highlighted the fundamentals of American federalism and testified the domination of the centralization. As it can be view, the problem of centralization and decentralization was of great concern in the course of the […]
• Federalism and Medical Marijuana Needless to say, United States faced political and social challenges as well, and the disputes over federalism and over the legal use of marijuana in medicine are still the most burning and controversial issues in […]
• Federalism Implications for Medicaid in California An example used to compare and contrast the two metaphors is the system of Medicaid as controlled by the federal government and by the state government.
• Federalism and Gun Control in the United States 2 Each type of government possesses a set of duties and powers that it can exercise in the region, and the relationship between the levels is established in the Constitution.
• Federalism: Policy Issues and Recommended Changes The concept of federalism is a well-known political trend, and the emphasis on its promotion is the practice that leaders of many states adhere to and develop.
• Federalism of the United States The end result showed that the federal government was using publicly owned land, which in the end, belonged to all citizens of the United States, thus the local state government had to make sure the […]
• Federalism and Government Styles in the United States It is because the individual at the top is held accountable by the leaders of the local authorities. Top on the list is the fact that the division of power between the central government and […]
• Presidential Power in Hamilton’s Federalist No. 70 The analogy presented in the Federalist paper number seventy formed the basis of the present-day powerful executive in the United States.
• Judicial Branch in Hamilton’s Federalist Papers In this context, the purpose of the judicial branch should not be misunderstood and viewed with reference to the purposes of the executive and legislative branches.
• Aristocracy Assailed: The Ideology of Backcountry Anti-Federalism The author examines the views of the consensus historians and the attitudes of the anti-federalists towards the idea of American democracy.
• Contemporary American Federalism Dual federalism is a system characterized by a national government that only governs by the rules that have been laid out in the constitution, national and state governments that are supreme in their allocated spheres […]
• The Aggranoff’s Version of Federalist No. 44 Provision of the relevant leadership and administrative is by implementing policies and procedures that are standard in relation with what the nation anticipates. Additionally, evaluation of citizens’ performance in the work field and confirming whether […]
• Significance of Anti-Federalist Papers Therefore, it is important to note that the anti-federalist paper served as an alternative voice by helping to pinpoint spheres that needed to be rectified to ensure that the constitution that was in the process […]
• No Child Left behind Act: Federalism Concept Based on the three branches of a federal government, the legislative branch is bestowed with the responsibility of making the law.
• Federalism and Policy Formulation This should be made with regard to views of the stakeholders since every federal government’s view must be represented in formulating the policies.
• Current Issue in Federalism This has triggered the debate to shift from the state courts and legislatures to the federal courts with the interest groups looking for the best platform to present their case.
• Federalism and separation of powers In the American constitution, specific powers were bestowed upon the national government and in the tenth amendment of 1791, it stated “the powers not delegated to the United States by the constitution, nor prohibited by […]
• The Bill of Rights and the Anti-Federalist Concerns The Effects of the Bill of Rights Due to these facts and the essence of the Bill of Rights, it can be said that the efforts of the Anti-Federalists were not in vain.
• Costs and Benefits of Federalism Conflicts between the state and national government in the running of the United States is one of the major costs of federalism. Federalism leads to the formation of small political units that help in the […]
• Federalism in the United States The power assignments of the national government comprises of both implied and expressed powers. The Implied powers permit the central government to come up with decisions, which are not part of the expressed powers.
• Federalism System, Its Advantages and Disadvantages The system causes government to have control of itself because of great rivalry of power between the state and the nation.
• Federalist Paper Number 10 It is one of the most influential papers and it talks about faction and the role of government in regulating it as well as liberty. According to him, legislation should be put in place to […]
• The Case for a Federalism Amendment The main agenda here is the evenness or equality on how the powers are shared between the federal government and the states governments without interfering with the rights of their people. For instance, the states […]
• Modern American Federalism Development and evolution of democracy over the centuries has been focusing on devolution of central powers of government to increase independence of the local states.
• An Overview of the Change of Federalism and the Great Depression
• The Implications of Elections for Federalism in Iraq: Toward a Five-Region Model
• A Look at Power Shifts in Intergovernmental Relations as a Result of Fiscal Federalism
• The Major Role Federalism Has Played in Our Government
• Understanding the Political Ideology of Federalism and the Role of the Federal Government
• An Initial Evaluation of Revenue-Sharing Arrangements in the New South African Fiscal Federalism
• A Comparison of Federalism and Anti-Federalism and Their Arguments
• Using Benefit-Cost Criteria for Settling Federalism Disputes: An Application to Food Safety Regulation
• Adjusting To Economic Growth In Toronto Amalgamation And Federalism
• Why Is Federalism Is The Best Option For The Philippines
• Advantages And Disadvantages Of American Federalism
• An Analysis of the Essential Principles of Federalism in the United States Government
• An Analysis of the Three Examples of How Federalism Which Evolved From Its Origins To the American Political System
• The Political Economy of Immigration Enforcement: Conflict and Cooperation under Federalism
• A Fiscal Federalism Analysis of Debt Policies by Sovereign Regional Governments
• An Evaluation of Federalism and the Civil War in America
• What Is Federalism And How Does It Relate To State Governments And Other Forms Of Governance
• Beyond National Standards: Reconciling Tension between Federalism and the Welfare State
• An International Multi-Level System of Competition Laws: Federalism in Antitrust
• Understanding Federalism Based on the Section: Picket-Fence Federalism
• The Possible Impact of Federalism in the Government of America
• The Tragedy of the Commons or the Curse of Federalism
• A Research on American History: Federalism in the United States
• An Overview of the Power Shift in Intergovernmental Relations as a Result of Fiscal Federalism
• The National Schoolmarm: No Child Left Behind and the New Educational Federalism
• The Relation of Federalism and Poverty in the US
• A Report on the Methods of the Constitution to Guard Against Tyranny: Federalism, Separation of Powers, Checks and Balances, and Equal Representation
• Walking in the Shadow of Pressman and Wildavsky: Expanding Fiscal Federalism and Goal Congruence Theories to Single-Shot Games
• A Description of Federalism as a Type of Government Where Power is Separated Between a National Government and Various Regional Governments
• A Description of the Federalist Papers and Federalism
• Asymmetric Information and Regional Transfers: Federalism versus Devolution
• The Role Of Federalism And Its Effect On American Government
• A Fatal Distraction from Federalism – Religious Conflict in Rakhine
• An Empirical Study of US Environmental Federalism: RCRA Enforcement From 1998 to 2011
• An Analysis of the Extent of the Influence of the Constitution and Federalism on the Political Culture of the United States
• An Analysis of the Federalism in the Government System of 18th Century United States
• An Analysis of the Political System of Federalism in the United States of America
• Adapting Federalism: Indigenous Multilevel Governance in Canada and the United States
• A Reconsideration of Environmental Federalism
• The Welfare Economics of Autarky, Federalism, and Federation Formation
• An Introduction to the Analysis of Federalism
• A Description of American Federalism as a Form of Government in Which the Constitution Distributes Governmental Powers
• Between the National Government
• The Lessons That The American Experience With Federalism
• The Institutional Basis of Secessionist Politics: Federalism and Secession in the United States
• An Analysis of Federalism and the French Canadians, an Ideological Anthology by Pierre Elliot Trudeau
• What Makes Strong Federalism Seem Weak? Fiscal Resources and Presidential-Provincial Relations in Argentina
• The Origin in Forming a Governmental Structure in Favor of the Newly Formed Constitution of Federalism
• Understanding the Concept of Federalism in Political Science
• The Use of Federalism in the Philippines Under the Administration of President Duterte
• Abortion: The Impact of Federalism and the Separation of Power
• The Role of Liberty and Democracy in the Enhancement of the Principles of Canadian Federalism in the Present and Future
• Bargaining for Fiscal Control: Tax Federalism in Brazil and Mexico, 1870-1940
• What Are Advantages and Disadvantages of Division of Powers and Checks and Balances and Federalism?
• Who Limits Environmental Federalism in Croatia?
• What Was the New Deal and Why Was It So Important in Terms of Federalism?
• How Has Federalism Changed the Nation?
• What Explains the Paradox of Tobacco Control Policy Under Federalism in the U.S. And Canada?
• Does Federalism Weaken Democratic Representation in the United States?
• What Makes Strong Federalism Seem Weak?
• Why Did Framers Choose Federalism?
• What Is a Benefit of Federalism?
• How Has Federalism Changed Since the Ratification of the Constitution?
• What Role Does the “Federalism Bonus” Play in Presidential Selection?
• Can Courts Make Federalism Work?
• How Does Federalism Protect Future Generations From Today’s Public Debts?
• What Is the 10th Amendment and Why Is It So Important to Understanding Federalism?
• Does Federalism Induce Patients’ Mobility Across Regions?
• How Has Indian Federalism Done?
• What Was the Great Society and Why Was It So Important in Terms of Federalism?
• Does Fiscal Federalism Promote Regional Inequality?
• How Have Federal Mandates Effected the Ideas of Federalism?
• Does Nature Limit Environmental Federalism?
• What Issues Most Influence Federalism Today?
• How Does Modern Federalism Work Effectively in a Complex, Networked World?
• What Are the Differences Between “Separation of Powers” and “Federalism”?
• Who Honors the Rules of Federalism?
• What Is Cooperative Federalism?
• Why Does Procedural Federalism Remain in the USA?
• What Is the Main Purpose of Federalism in Government?
• How Does Russian Federalism Work?
• What Did the Federalists Believe Threatened the Nation in the Election of 1800?
• Why Is Federalism Important to the Constitution?
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3.5 Advantages and Disadvantages of Federalism

Learning objectives.

By the end of this section, you will be able to:

• Discuss the advantages of federalism
• Explain the disadvantages of federalism

The federal design of our Constitution has had a profound effect on U.S. politics. Several positive and negative attributes of federalism have manifested themselves in the U.S. political system.

THE BENEFITS OF FEDERALISM

Among the merits of federalism are that it promotes policy innovation and political participation and accommodates diversity of opinion. On the subject of policy innovation, Supreme Court Justice Louis Brandeis observed in 1932 that “a single courageous state may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.” 70 What Brandeis meant was that states could harness their constitutional authority to engage in policy innovations that might eventually be diffused to other states and at the national level. For example, a number of New Deal breakthroughs, such as child labor laws, were inspired by state policies. Prior to the passage of the Nineteenth Amendment , women already had the right to vote in several states. California has led the way in establishing standards for fuel emissions and other environmental policies ( Figure 3.18 ). Recently, the health insurance exchanges run by Connecticut, Kentucky, Rhode Island, and Washington have served as models for other states seeking to improve the performance of their exchanges. 71

Another advantage of federalism is that because our federal system creates two levels of government with the capacity to take action, failure to attain a desired policy goal at one level can be offset by successfully securing the support of elected representatives at another level. Thus, individuals, groups, and social movements are encouraged to actively participate and help shape public policy.

Get Connected!

Federalism and political office.

Thinking of running for elected office? Well, you have several options. As Table 3.1 shows, there are a total of 510,682 elected offices at the federal, state, and local levels. Elected representatives in municipal and township governments account for a little more than half the total number of elected officials in the United States. Political careers rarely start at the national level. In fact, a very small share of politicians at the subnational level transition to the national stage as representatives, senators, vice presidents, or presidents.

If you are interested in serving the public as an elected official, there are more opportunities to do so at the local and state levels than at the national level. As an added incentive for setting your sights at the subnational stage, consider the following. Whereas only 35 percent of U.S. adults trusted Congress in 2018, according to Gallup, about 63 percent trusted their state governments and 72 percent had confidence in their local governments. 74 , 75

If you ran for public office, what problems would you most want to solve? What level of government would best enable you to solve them, and why?

The system of checks and balances in our political system often prevents the federal government from imposing uniform policies across the country. As a result, states and local communities have the latitude to address policy issues based on the specific needs and interests of their citizens. The diversity of public viewpoints across states is manifested by differences in the way states handle access to abortion, distribution of alcohol, gun control, and social welfare benefits, for example.

THE DRAWBACKS OF FEDERALISM

Federalism also comes with drawbacks. Chief among them are economic disparities across states, race-to-the-bottom dynamics (i.e., states compete to attract business by lowering taxes and regulations), and the difficulty of taking action on issues of national importance.

Stark economic differences across states have a profound effect on the well-being of citizens. For example, in 2017, Maryland had the highest median household income ($80,776), while West Virginia had the lowest ($43,469). 76 There are also huge disparities in school funding across states. In 2016, New York spent $22,366 per student for elementary and secondary education, while Utah spent $6,953. 77 Furthermore, health-care access, costs, and quality vary greatly across states. 78 Proponents of social justice contend that federalism has tended to obstruct national efforts to effectively even out these disparities. When national policy-making is stymied, and policy advocates move to the state level, it takes fifty-one different advocacy efforts to bring about change, compared to one effort were the national government to take the lead.

Link to Learning

The National Education Association discusses the problem of inequality in the educational system of the United States. Visit the Racial & Social Justice page of the NEA website to see how NEA EdJustice is advocating for change in this area.

The economic strategy of using race-to-the-bottom tactics in order to compete with other states in attracting new business growth also carries a social cost. For example, workers’ safety and pay can suffer as workplace regulations are lifted, and the reduction in payroll taxes for employers has led a number of states to end up with underfunded unemployment insurance programs. 79 As of March 2021, twelve states have also opted not to expand Medicaid, as encouraged by the Patient Protection and Affordable Care Act in 2010, for fear it will raise state public spending and increase employers’ cost of employee benefits, despite provisions that the federal government will pick up nearly all cost of the expansion. 80 , 81 More than half of these states are in the South.

The federal design of our Constitution and the system of checks and balances has jeopardized or outright blocked federal responses to important national issues. President Roosevelt’s efforts to combat the scourge of the Great Depression were initially struck down by the Supreme Court. More recently, President Obama’s effort to make health insurance accessible to more Americans under the Affordable Care Act immediately ran into legal challenges 82 from some states, but it has been supported by the Supreme Court so far. However, the federal government’s ability to defend the voting rights of citizens suffered a major setback when the Supreme Court in 2013 struck down a key provision of the Voting Rights Act of 1965 . 83 No longer are the nine states with histories of racial discrimination in their voting processes required to submit plans for changes to the federal government for approval. After a tumultuous 2020 election, many states in 2021 advanced legislation to make voting rules and processes more rigorous, a move many said was an effort to limit voting access. For example, elected leaders in Georgia passed a law making voter ID requirements much stricter and also significantly limited options to vote outside of Election Day itself. 84 In 2023's Moore v. Harper , the Supreme Court affirmed that state legislatures were not able to pass these laws with complete autonomy. Rejecting the theory of "independent state legislature," which asserted that states had the sole power to pass election laws, the Court ruled that voting laws passed by state governments were subject to judicial review. In 2023, the Court also ruled in favor of a challenge—already upheld by district courts—to new voting maps drawn up in Alabama; the plaintiffs had asserted that the new maps violated the Voting Rights Act by diluting the votes of Black voters. The Court agreed, and in the process held that the Voting Rights Act remained constitutional with regard to redistricting. 85

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Federalism Essay | Essay on Federalism for Students and Children in English

February 13, 2024 by Prasanna

Federalism Essay:  Federal system is the method used by various countries where the power is shared by both the central government and the local or state governments. The central government can be powerful but cannot take all the state-level decisions or even choose state leaders.

Federalism allows the citizens to participate and also helps in the overall management of the country. Thus, the role of elections is very important in federal systems.

You can also find more  Essay Writing  articles on events, persons, sports, technology and many more.

Long and Short Essays on Nutrition for Students and Kids in English

We are providing students with essay samples on a long essay of 500 words and a short essay of 150 words on the topic Federalism for reference.

Long Essay on Federalism 500 Words in English

Long Essay on Federalism is usually given to classes 7, 8, 9, and 10.

In federal systems, the national government has the central authority over the whole national territory, whereas the provincial or state governments have individual power within their provinces. The duties, rights, and responsibilities of the central government, as well as the state governments, are mentioned in the constitution of particular countries.

The constitution gives delegated, implied, and inherent powers to the central administrative units, whereas certain powers are reserved for the states and local governing units. The main center can make national-level decisions, whereas the states have the power to regulate laws and orders in the various areas within the state. The need for security and a common defense system against external conflicts along with the decentralization of administrative power and unequal economic development between different units of a country may necessitate the adoption of the federal government.

Federalism plays an important role in unifying states with common cultural and historical background. The factor of geographical proximity is an important precondition for the formation of a federation. The countries must have enough economic resources to adopt the federal system.

Except for China, the seven other largest countries of the world, such as the United States of America, Canada, Brazil, Russia, Australia, Argentina, and India, have federal systems. Austria, Belgium, Ethiopia, Germany, Malaysia, Mexico, Nigeria, Pakistan, Switzerland, the UAE, and Venezuela have also adopted federalism.

There are various types of federalism like dual (sovereignty is divided), asymmetric (differential autonomy of states), cooperative (federal, central, and state governments operate cooperatively), competitive (central government competes with state governments and vice versa), and creative (federal government provides for the needs of the states).

On May 25th, 1787, at the Philadelphia convention, the idea of a federal system was first proposed. The advocates of the federal system were Alexander Hamilton, James Madison, and George Washington, who attempted to balance order with liberty and suggested various reasons for the formation of a federalist system which included prevention of tyranny, increasing participation in politics and functioning of the states for new ideas and developments.

In the USA, after the formation of the country and the American Civil War, the national government came into power with the rise of dual and state-centered federalism along with the origin of neo-federalism. In France, the whole plan of the federal government was to weaken the Paris central government by the division of power to major provinces during the French Revolution. In India, there is a three-tiered government structure with the Central government, state and union government, and panchayats and municipalities. An asymmetric federal system can be here with certain states getting limited autonomy.

The advantages of a federal system include diffusion of power, creating responsible state governments, managing the internal and external disputes, the involvement of the citizens, and spreading awareness about politics and also the demolition of single regulating power. Disadvantages include unequal distribution of political power, interference of states in critical policies as determined by the central government, and also internal conflicts within the states. Moreover, the positive aspects of federalism overshadow the disadvantages.

Short Essay on Federalism 150 Words in English

Short Essay on Federalism is usually given to classes 1, 2, 3, 4, 5, and 6.

Federalism means the coexistence of a central administrative authority and state or local administrative units in their respective areas. Federalism is an important part of a nation’s political structure by allowing the governing authorities to work separately.

Federalism has a direct influence on a country’s fiscal policy, the effectiveness of the government, and economic development. It also allows provision for innovative ideas, democratic views, and unification of unprecedented powers.

Federalism allows the states to have greater freedom and take individual decisions within their respective provinces. The Central government can concentrate more on national issues and international relations. The active participation of citizens results in greater awareness about their political and civil rights with a sense of national unity. Differential state power and internal issues often worsen the federation, but the merits of federalism are way more than the demerits.

10 Lines on Federalism in English

• Federalism has two sets of government, one at a regional level and the other at a national level.
• Federalism includes dual citizenship, which means the citizens are part of both the country and the state.
• Each level of government has particular sources of revenue for ensuring stability.
• The role of the constitution is very important, and there is no scope for arbitrary changes without the mutual consent of the central and state governments.
• The central and state governments have their jurisdiction.
• There is no interference of the states in the decisions of the central government.
• The states can function independently but are answerable to the central government.
• Federalism is solely based on democratic rules.
• Federalism unites various states and other governing units over a geographical area.
• Federalism involves the creation of new laws, regionalism, and economic development with disparities between different regions of a country.

FAQ’s on Federalism Essay

Question 1. What is the importance of federalism?

Answer:  Federalism includes the citizens’ opinions and views are taken into consideration and balance the internal relationships within the states, and acts as a buffer to external conflicts.

Question 2. How does federalism affect the state governments?

Answer:  The boon of federalism to the state and local governments is that they can function on their own, but they have to compromise as certain powers are given to the central authority, and it can interfere in the state government decisions.

Question 3.  What is the effect of federalism on the Indian economy?

Answer:  All the economic reforms and various economic policymaking developments take place due to the Indian Federal system.

Question 4. What is the effect of Covid-19 on the Indian federal system?

Answer:  The central government has implemented various new reforms in different domains of the Indian economy, although the global pandemic has been a severe threat to this federal system.

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The Federalist Debates: Balancing Power Between State and Federal Governments

Articles of Confederation and Perpetual Union.

Library of Congress

This series of activities introduces students to one of the most hotly debated issues during the formation of the American government -- how much power the federal government should have  — or alternatively, how much liberty states and citizens should have. The lesson begins by tracing the U.S. federal system of government to its roots, established by America's Founding Fathers in the late 18th century, highlighting the controversial issue of state sovereignty versus federal power. Students compare the Articles of Confederation to the Constitution, analyzing why weaknesses in the former led to the creation of the latter. Then they examine the resulting system of government formed by the Constitution, investigating the relationship between federal and state governments as they exist today. Finally, students reflect back on history and argue whether they believe Hamilton or Jefferson had the more enduring vision for America.

Guiding Questions

How should power be distributed between states and the federal government for a successful democracy?

What are the pros and cons of state sovereignty vs. federalism, as argued by the Founding Fathers?

Learning Objectives

Examine the differences and similarities between state and federal governments and their functions, structures, and powers.

Evaluate the arguments forwarded by Federalists and the Anti-Federalists regarding the proper role of government. 

Construct a position regarding federalism based on analysis of primary sources and your own evaluation of the proper role of government. 

Lesson Plan Details

At the same time the thirteen original colonies drafted the Declaration of Independence to announce their intended separation from England, they also wrote the Articles of Confederation to define their relationship with each other as a joint entity. The Articles served to unify the colonies through the Revolution, but as the new states tried to recover from the war and move ahead as a nation, the Articles of Confederation proved too weak to be effective. As the Library of Congress article " To Form a More Perfect Union " explains, "With the passage of time, weaknesses in the Articles of Confederation became apparent; Congress commanded little respect and no support from state governments anxious to maintain their power. Congress could not raise funds, regulate trade, or conduct foreign policy without the voluntary agreement of the states. Recognizing the need to improve the government, Congress tried to strengthen the Articles, but problems persisted."

Essentially, the Congress could not raise money from the states, and thus there was no budget for the collective governing body. Thus, the Constitutional Convention of 1787 was convened. "To Form a More Perfect Union" summarizes the cause and result of this convention: "The Constitutional Convention of 1787 was called to revise the ailing Articles of Confederation. However, the Convention soon abandoned the Articles, drafting a new Constitution with a much stronger national government. Nine states had to approve the Constitution before it could go into effect. After a long and often bitter debate, eleven states ratified the Constitution, which instituted a new form of government for the United States."

The debate was lively and heated and largely centered around how much power the federal government should have. Two Founding Fathers who represented opposing sides were Alexander Hamilton, who argued for a strong national government with James Madison and John Jay in the seminal Federalist Papers , and Thomas Jefferson, who favored a weaker central government and more power resting with individual states. Behind their philosophies were their different perspectives on human nature: Jefferson was an idealist who believed in the inherent good of humanity, and Hamilton was a pragmatist who was more cynical about trusting people to do the right thing. These men and others spent months deliberating about how much centralized government was the right amount for a functioning democracy. The issue was particularly salient because the states had just won independence from a government they considered too controlling, in which decisions were made about the colonists' lives and finances without involving those affected. Thus, there was a strong reaction against a government far removed from those being governed and their concerns, which differed significantly among the colonies. Nonetheless, a government that could not even raise enough money to support its own work could do little good for its people.

Eventually, the Constitution was developed through much deliberation, compromise, and commitment to democratic ideals. The Congress approved the Constitution in 1787, and it was ratified in 1788 by the ninth state (New Hampshire), the final approval needed to put it into effect. This document established the structure of our democratic government as it still stands today. The first ten amendments, known as the Bill of Rights , were proposed in 1789 and ratified in 1791.

NCSS.D2.His.1.9-12. Evaluate how historical events and developments were shaped by unique circumstances of time and place as well as broader historical contexts.

NCSS.D2.His.2.9-12. Analyze change and continuity in historical eras.

NCSS.D2.His.3.9-12. Use questions generated about individuals and groups to assess how the significance of their actions changes over time and is shaped by the historical context.

NCSS.D2.His.4.9-12. Analyze complex and interacting factors that influenced the perspectives of people during different historical eras.

NCSS.D2.His.5.9-12. Analyze how historical contexts shaped and continue to shape people’s perspectives.

NCSS.D2.His.6.9-12. Analyze the ways in which the perspectives of those writing history shaped the history that they produced.

NCSS.D2.His.12.9-12. Use questions generated about multiple historical sources to pursue further inquiry and investigate additional sources.

NCSS.D2.His.14.9-12. Analyze multiple and complex causes and effects of events in the past.

NCSS.D2.His.15.9-12. Distinguish between long-term causes and triggering events in developing a historical argument.

NCSS.D2.His.16.9-12. Integrate evidence from multiple relevant historical sources and interpretations into a reasoned argument about the past.

Begin by reading the lesson in its entirety. Teaching this lesson requires a basic understanding of the period of history during which the U.S. government was established (roughly between 1776 and 1791).

For further background on the Founding Fathers, Founding Documents, and establishment of a new democratic nation, you may consult the following resources:

• "Constitution of the United States—A History,"  available through America's Founding Documents at the National Archives website.
• "To Form a More Perfect Union," available from the Library of Congress .
• The U.S. Constitution , available through  America's Founding Documents  at the National Archives website.
• The Articles of Confederation , available through EDSITEment-reviewed resource The Avalon Project at Yale Law School

You will need to choose which resources to use and how to teach the activities based on the particulars of your situation, including access to computers/Internet as well as the reading/writing levels and background knowledge that your students bring to the lesson. Some activities are better suited for younger students and others are more appropriate for older students. Before teaching, make copies of any handouts you will distribute to students and make sure necessary equipment is working.

Activity 1. Perfecting the Union: From the Articles of Confederation to the U.S. Constitution

Ask students to read a brief overview of the period of American history between the Articles of Confederation (drafted in 1776 and approved in 1781) and the Constitution (drafted in 1787 and ratified in 1788), which replaced the original Articles with a stronger federal government after much debate. Depending on students' reading levels, the following documents might serve as a good overview:

• " The Voting Record of the Constitutional Convention " (Click on "Read More"), available from the National Archives.
• " To Form A More Perfect Union " (particularly the sections "Identifying Defects in the Confederation" and "Creating a Constitution") available from the Library of Congress.

Next, students should read and compare the Articles of Confederation (the first plan for American government) with the U.S. Constitution (the final plan for American government). Print the Articles of Confederation and the original U.S. Constitution (see print-friendly version). Divide the class into an even number of small groups of 3-4 students. Half the groups should get a copy of the Articles of Confederation, and half should get a copy of the Constitution. They should divide the pages among themselves so that each student reads different articles. Each article should be summarized in one sentence and compiled into a group summary. Then, each "Articles of Confederation" group should join with a "Constitution" group. Each combined group should now discuss the questions on the worksheet Why the Constitution? , provided in pdf format, using their article summaries and the original documents for reference. While groups should discuss the answers together, each student should complete a worksheet individually.

For more background on the ideas and documents that paved the way for the Constitution, see the EDSITEment lesson  Jefferson vs. Franklin: Revolutionary Philosophers .

Activity 2. Liberty and Human Nature

After they have some background on this period of vigorous debate, engage students in a class discussion about the issues at hand, asking them to imagine that they were charged with the task of setting up a brand new government for a new country. Pose the question, "How much liberty is enough?" and see where individual students stand. Encourage students to use logical reasoning and examples from history to support their views. Make sure that each student responds to the question in some way. If helpful, you can ask students to focus on a representative microcosm such as the school or the classroom.

Next, share with students the quotes below from Jefferson and Hamilton expressing opposing views about human nature. You can give them one quote at a time and ask each student to agree or disagree, giving reasons to support their answers. Alternatively, you can divide the class into three groups: Jeffersonians (Anti-Federalists), Hamiltonians (Federalists), and judges. You could then ask the Jeffersonians and Hamiltonians to debate each other about the question "How much liberty is enough?" with the judges ultimately deciding whose arguments were more persuasive.

Quotations:

"It has been so often said, as to be generally believed, that Congress have no power by the Confederation to enforce anything, for example, contributions of money. It was not necessary to give them that power expressly, for they have it by the law of nature. When two parties make a compact, there results to each a power of compelling the other to execute it." —Thomas Jefferson, in a letter to Edward Carrington, 1787

"Has it not, on the contrary, invariably been found that momentary passions, and immediate interest, have a more active and imperious control over human conduct than general or remote considerations of policy, utility or justice?" —Alexander Hamilton, in The Federalist Papers , Section 6, 1788

After the debates, facilitate a class discussion framed by any or all of these questions:

• On what issue are these two philosophical positions opposed?
• How is the American government structured to offer a compromise between these two positions?
• What was the historical context in which the U.S. Constitution was developed? What factors had the most influence on how these issues of sovereignty and liberty played out?
• Do you think the same debate today would have similar or different results? Why?

Emphasize the importance of past experience (a.k.a. history) in influencing people's decisions about the future.

For a more detailed analysis of some of the models of representative government proposed and issues deliberated during the debates of the Constitutional Convention, see companion EDSITEment lesson plans, The Constitutional Convention: Four Founding Fathers You May Never Have Met and The Constitutional Convention: What the Founding Fathers Said .

Activity 3. State vs. Federal Government: Division of Power

Tell students that now it is time to examine the balance of governmental power as set up by the Constitution. Make a three-column chart with one column labeled "State," one labeled "Federal," and one labeled "Both." Ask students to brainstorm a list of powers held by the state government and the federal government and document these on the chart. Place powers shared by both state and federal government in the column labeled "Both."

Next, show students the explanation of " Federal Versus State Government " from Ben's Guide to Government for Kids . You can show this page using a projector or print it out for distribution if access to the required technology is not available. Ask selected students to read sections of the text aloud. Then consider the chart of governmental powers featured on the page. Ask students if they can think of any other powers that are not on the list. For instance, providing education (which is part of providing general welfare) is shared, though mostly delegated to state and local governments. Discuss why particular powers might be placed where they are.

Next, view " National Government " and " State Government " and proceed with an overview of the structure of the U.S. government system. Continue asking students to take turns reading aloud. Follow the hyperlinked text as appropriate for your students. Ask questions about vocabulary and concepts that might be unfamiliar to your students. Use the links at the bottom of the page to review each branch of government in more detail. Check your students' understanding by asking open-ended questions such as these:

• What is the relationship between state and federal governments in the U.S.? How are they similar? How are they different? Who has more power?
• What are the advantages of a federal government in which power is divided between national and state governments? What are the advantages of a centralized government (as in France or Great Britain) where all the power rests with the national government?
• Why did the "Founding Fathers" ultimately decide on a federal government?
• What kinds of laws do states make? What kinds of laws does the federal government make? Why?
• What might happen if a state could override a federal law, as Thomas Jefferson once suggested?
• What issues or conflicts might arise from divisions of power between state and federal governments? Use examples.

To make sure students understand the structure of the federal government, you can distribute copies of the diagram of the U.S. Government found on the " Branches of Government " page linked to the text " U.S. Government Manual ." You may also want to review " State Government " page of the Ben's Guide for grades 3-5 for a brief mention of the structure of state and local government systems. The glossary can help students understand unfamiliar terms.

• Explain that improvements did not stop with the original articles of the Constitution. Distribute to all students copies of the Bill of Rights  (available through  America's Founding Documents  at the National Archives website). Ask students to choose the article that they believe to be most important and write a paragraph explaining why.
• Divide students into two groups — Federalists and Anti-Federalists — and ask them to debate each other about whether or not federal government should reign supreme over state government. Make sure they understand the issues of the times, particularly the strong reaction against British control over the colonies and the differing economies of the northern and southern states.
• Test students on selected vocabulary from the glossary of Ben's Guide to Government for Kids or another appropriate source.
• Ask students to fill out a diagram of the U.S. government with selected blank spaces.

Materials & Media

The federalist debates: balancing power between state and federal governments: worksheet 1, related on edsitement, the federalist and anti-federalist debates on diversity and the extended republic, the constitutional convention: four founding fathers you may never have met, jefferson vs. franklin: revolutionary philosophers, the constitutional convention: what the founding fathers said.

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5 Federalism

Jarosław Kantorowicz is Assistant Professor at the Institute of Security and Global Affairs at University of Leiden.

• Published: 11 February 2019
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Federalism is a governance structure that enables the aggregation of mass areas under one government. Federalism is a more complex form of governance than a unitary system. Under a federal structure of government, the activities are constitutionally divided (or shared) between constituent governments and a central government, implying a permanent coexistence and bargaining between participating governments and the center or among participating governments themselves. This chapter delineates the current state of knowledge regarding federalism and its twin concept of decentralization from the public-choice perspective. First, the chapter looks at federalism as an explanatory variable by examining how it shapes various outcomes ranging from economic growth to incidence of terrorism. Second, it deals with endogenous federalism and thus factors that explain how it emerges, survives, and changes. In the last part, the chapter summarizes several potential avenues for future research on federalism.

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Call for papers - 2025 Baxter Family Competition on Federalism

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2025 edition:  Thinking Outside the Box

Call for papers now open! 

Open to law and political science students/PhD candidates, recent graduates, and junior practitioners or scholars from around the world. 

The overarching goal of the Essay Competition is to advance research and foster informed debate on federalism.  Essays are evaluated by a jury comprised of world renown experts on federalism. 

The theme of this year’s edition is Federalism: Thinking Outside the Box 

Papers must be written in English or French and be a maximum of 8000 words in English and 8800 words in French. 

Prizes ranging from $1,000 to $5,000 CND and the chance to present one’s research at the Baxter Family Symposium on Federalism held in Montréal in Spring 2025. 

The deadline to submit an essay is February 7th, 2025, at 11:59 pm, Eastern Standard Time (Montreal Time) 

Submissions are to be emailed to Professor Johanne Poirier, Peter MacKell Chair in Federalism, at  baxter-competition.law [at] mcgill.ca

Submission Guidelines – 2025 Edition 

Author eligibility 

All undergraduate or graduate students in law or political science students, as well as junior scholars, lawyers or practitioners who graduated in these disciplines with five (5) years of working experience or less, from anywhere around the world. 

To be eligible, authors must either 

Be currently enrolled in an undergraduate or graduate program in law or political science; 

Hold a law or political science degree and have obtained their most recent degree (in law or political science, or otherwise) after February 7th, 2020; or 

Have been admitted to the Bar (or the local equivalent) after February 7th, 2020. 

Papers may be co-authored, to the extent that each author is eligible. If the submitted paper is selected, the Prize would be divided between authors. 

Criteria for submission 

Original text in English or in French; 

Maximum of 8,000 words for texts in English and of 8,800 words for texts in French (including, in both languages, references). The word count should appear on the first page; 

Text not yet submitted for publication as of February 7th, 2025; 

Main text written in 12-point font, double-spaced, with 2.5 cm (1 inch) margins on all sides; 

Numbered in the upper right corner; 

Submitted in Microsoft Word format; 

The main text should be anonymised; 

Must include complete references in footnotes; 

Must include an abstract summarizing the main question and main conclusions (maximum 200 words). 

It should be accompanied by a distinct document that includes 

author’s name 

author’s contact information (e-mail, phone number, address) 

statement affirming the eligibility for the Competition (University affiliation or date of graduation) 

unpublished status of the paper. 

Deadline for Submission 

February 7th, 2025, at 11:59 pm, Eastern Standard Time (Montreal time). Submissions are to be emailed to Professor Johanne Poirier, Peter MacKell Chair in Federalism, at  baxter-competition.law [at] mcgill.ca . 

For any further inquiries, please email  baxter-competition.law [at] mcgill.ca . 

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