Federalism is a system of the shared governance between the federal government and state governments. Both the states and the federal government have exclusive & concurrent powers, which helps to explain the power struggle between them. Through federal financial programmes, the federal government can support the adoption of policies at the state level.
What is the definition of federalism?
Take a moment to list the number of government organisations that have authority over the location you are currently in before we begin talking about federalism.
Depending on where you are, your answer can be extremely different. You may be required to follow the laws of your country, state, province, district, county, city, or town. A citizen in some nations may be ruled by three or more levels of government. In some cases, they may be ruled solely by a single national government.
Federalism refers to a system in which multiple levels of government have jurisdiction over the same territory. That is still true in certain aspects. Marriage licences are issued by states, and the terms of divorce are specified by them. Driver’s licences and vehicle registrations are issued by state governments. They set state-wide speed limits and vehicle inspection regulations.
The extent to which the federal government & state governments are linked today would undoubtedly surprise the Framers. The power balance between the two levels has shifted over time as society’s requirements have changed.
Powers that are exclusive and concurrent
The exclusive and concurrent rights of states and the federal government are one cause for the ongoing debate about the balance of power between the two. The powers restricted to the federal government or the states are known as exclusive powers. Powers shared by the federal government as well as the states are known as concurrent powers.
The federal government is the only one with the power to print money, control the mail, declare war, and oversee international affairs. Think about what would happen if Wyoming or Michigan could declare war on Canada or print the Michigan Dollar. The sole powers of the federal government allow the country to operate as a whole.
States, on either side, wield considerable power. States are in charge of all elections, including presidential elections, and constitutional modifications must be adopted by them.
State governments can prescribe rules on commerce, taxation, healthcare, education, as well as a variety of other concerns inside their state as long as their laws do not conflict with national legislation.
The shifting power balance between the states and the federal government
As previously stated, the power balance between states and the federal government has shifted dramatically throughout time. The federal government regulated national and international concerns, while states regulated inside their borders.
During times of crisis, such as the Great Depression, the federal government stepped in to give much-needed assistance in sectors that are generally under state jurisdiction. The gun ban was declared unlawful by the Supreme Court because guns on school grounds are not connected to interstate commerce.
Unfunded mandates tying federal cash to specified conditions can also be passed by the federal government. The National Minimum Drinking Age Act of 1984, for example, mandated that states have a drinking age of 21 in order to receive full federal highway funds.
Not all federal funds are closely scrutinised. Block grants are federal money that are granted to states / local governments to accomplish a number of goals. The cash can then be disbursed as the state or municipal governments see proper.
In today’s United States, federalism is quite complicated. It’s at the centre of many of today’s political debates, such as who should be in charge of healthcare and education policies. In the next lesson, we’ll look at how constitutional conceptions of federalism have changed through time in the United States.
Conclusion
One of the most important elements of the American constitutional structure has always been federalism. Both cooperation & conflict are expected in its future. That isn’t something new. Federalism is a system of dynamic tension between the levels of government that is continually growing into new ties between states and the nation by its very nature.