Civics Education
Federalism


The United States is one of several countries in the world that has a federal system. A federal system is a system in which both the national and state governments share power. The framers of the U.S. Constitution believed that the concentration of power in one governing body could lead to despotism.

In 1788, James Madison expressed this concern as he described the need to divide power among branches of government: “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, selfappointed [sic], or elective, may justly be pronounced the very definition of tyranny” (The Federalist Papers, No. 47, February 1, 1788, Library of Congress, http://thomas.loc.gov/home/histdox/fedpapers.html).

Federalists, like Madison and Alexander Hamilton, sought to reign in the government with constitutional limits so that it did not encroach upon the rights of the people. Federalist No. 51 (essay by James Madison, the 51st of the Federalist Papers) asserted:

It may be a reflection on human nature, that such devices should be necessary to control the abuses of government. But what is government itself, but the greatest of all reflections on human nature? If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. (The Federalist Papers, No. 51, February 6, 1788, http://thomas.loc.gov/home/histdox/fedpapers.html)
The Constitution’s framers chose federalism to further divide power—between the national and state governments—and preserve the ability of citizens to choose representatives who would govern closer to home. They believed that local and state elected officials would be more familiar with the needs of their own communities and be responsive and accountable to their constituents. Madison describes this division of governmental powers in Federalist, No.45:

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. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State. The operations of the federal government will be most extensive and important in times of war and danger; those of the State governments, in times of peace and security. (Madison, Federalist No. 45, http://thomas.loc.gov/home/histdox/fedpapers.html)
In the modern era, one of the key questions in a federal system is which government has power over which policy issues.

Did You Know? Federalism is a system of government in which power is divided between a national government and other regional political structures such as states or provinces. While the United States has a federal system of government, it is important to remember that the term “federal government” is used as a synonym for the national government. Other governmental power structures that exist are unitary and confederal (confederation). In a unitary system of government, the power to govern (and delegate administrative authority) is held by a national (central) government. In a confederal system of government, typically a union or league of independent states retain their sovereignty/power but may delegate a central government or administrative unit to work on common issues or concerns for the benefit of all members.

In a nation as large as the United States, the issues faced by regions can be quite different. The national government and the states often handle different issues and, as demonstrated in the opening scenario, sometimes their efforts overlap. Currently, discussion on issues ranging from immigration, health care, and environmental regulations have gained national prominence. The federal government may take a policy stance that may or may not be mirrored by individual states. This often opens the door for controversy to exist.

However, states are not powerless and can be policy innovators when they are the first to identify solutions to key issues and problems. Other states can examine, adapt, or modify these policies to meet the needs and challenges of their particular locations. For example, Virginia may take a very different approach to an issue than Nebraska or Kansas because of differences in regional needs, concerns, and beliefs.

While states are able to create their own policy and laws on certain issues, there are instances when states have obligations toward each other. The U.S. Constitution describes three areas in which states have obligations toward each other. Article IV, Section 1 of the Constitution requires that each state recognize the public acts, records, and judicial proceedings of all other states; for example, marriage licenses, drivers’ licenses, and birth certificates are generally valid in all states. This is known as full faith and credit. The Constitution in Article IV, Section II also requires extradition. A state must surrender a person charged with a crime to the state in which the crime is alleged to have been committed. The final obligation that states have to each other also can be found in Article IV, Section II, which requires states to give citizens of other states the same privileges they afford the citizens of their own state, with the goal of prohibiting states from discriminating against citizens of other states. For example, if you visit another state, you will have to pay the sales tax of that state, and you will also be guaranteed the same police protection as the residents of the state you are visiting.

Did You Know? While the federal government is recognized for providing many supports to the states, it is worth noting that it is the states who are responsible for financing, holding, and conducting all elections, including all national elections. In reality, presidential elections are a state-based contest for each state’s electoral votes. Senate elections are state contests to identify two senators from each state, and elections for the House of Representatives are also state-based, with candidates running for office in districts that are drawn by the states every ten years. Even presidential primaries are state-based.

Federalism is clearly a complex and dynamic concept. Are you interested in a brief introduction to the range of responsibilities facing national and state governments? Then take a look at the chart linked here.

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