Federalism

Federalism is the doctrine of government under which power is shared between numerous subnational governments and a central power. Federalism can be organized in a number of ways. The American federal system consists of state governments united under the federal government. Although the structure of government is well defined, the division of power between the governments is not clearly outlined. The balance of power between federal and state authorities therefore has been a constant source of debate within the system.

Evolution of American federalism

Four distinct phases of federalism exist in the short history of the United States. American federalism has roots extending back to the governments of the founding British colonies. Established to take care of local issues, each colonial government was responsible to the English crown. Each colony operated independently and established its own local laws and relationship to the Crown. When the Crown's rule became unbearable and ran against the wishes of colonists, they united in common interest and rebelled. The American Revolution (1775–83) marked the birth of federalism in America.

During the American Revolution, worries that a central government might become tyrannical created resistance to organizing one. It was apparent, however, that a central government would help the fight for independence by uniting and coordinating state efforts. Nevertheless, the former colonies had no interest in abandoning the independent nature of local rule. Under the Articles of Confederation , they united to form a federal government, but it was given very little power. Its Congress could not regulate commerce, raise an army, or levy taxes. As a result, it was barely able to function, and the revolutionary cause operated weakly as a result.

Lessons from the balance of power under which the central government had little influence over the independent states led to the creation of a new government. The government based on the Articles of Confederation was abandoned, and a stronger federal government was defined by the U.S. Constitution , which extended certain privileges to the federal government. Congress could now levy taxes, coin money, raise and maintain a military, declare war, and regulate commerce. Other privileges were reserved for the state governments.

The Constitution is largely vague about how governing power should be shared between the federal and state governments. As a result, much of the nation's history has included political struggles in Congress as federal lawmakers have tried to establish whether the state or federal government has overriding control of an issue. State governmental officials, too, have worked to answer this question through their political conduct.

The breaking point

The rapid growth of the United States in the early nineteenth century accentuated the issue of state versus federal power. The new Constitutional government was vague enough to allow both the state and federal governments to maintain a great deal of control. This arrangement is sometimes called dual federalism, and it worked only briefly. As the nation's territory rapidly expanded and more states joined the Union, debates escalated concerning the rights of states to govern themselves.

The institution of slavery within new territories was especially agitating. Would the federal government prevent the expansion of slavery, or would states maintain the power to choose slavery over the human rights of slaves and the abolition movement ‘s call for freedom? This issue alone brought the young Union to the breaking point several times throughout the 1800s.

State Power and the Right to Self-Government

Just as federalism creates tension between the federal and state governments, there is tension between state and local governments within each state. These tensions are illustrated by legal doctrines called Dillon's Rule and the Cooley Doctrine.

John Forrest Dillon (1831–1914) was a justice on the Supreme Court of Iowa in the late nineteenth century. Dillon wrote a book on the law of local governments. He explained that local governments are state creations that only have power given to them by state governments. According to Dillon, states can eliminate local governments completely if they want to do so. His opinion of the weak power of local governments became known as Dillon's Rule.

Thomas McIntyre Cooley (1824–1898) was a justice on the Supreme Court of Michigan in the late nineteenth century. His ideas on the power of local governments differed from Dillon's ideas. Cooley believed that people in local governments have a right of self-government that states can regulate but cannot eliminate. Cooley's ideas are sometimes called the Cooley Doctrine. In the early twenty-first century, many local governments are using the idea of an inalienable right of self-government to pass laws regulating businesses just as states are empowered to do.

As the debates raged about slavery, varied preferences for a strong federal government or for states’ rights grew. Northern commercial interests were best served by a strong central government. Southern states, hoping to preserve slavery or expand it, struggled for stronger state rule. Both regions had strong economic reasons for their positions, and compromise was difficult to achieve. The differences sparked debates among lawmakers and finally led to the secession of the southern states. The American Civil War (1861–65) stemmed in part from the nation's struggle to define the balance of governmental power in American federalism.

Contemporary federalism

With a northern victory in the Civil War, a strong central government gained the upper hand. States’ rights were minimized as federal power grew. The federal government defined national citizenship and, in theory, imposed limits on the power of states to violate any civil rights that national citizenship granted.

State resistance to these policies was strong, but economic developments such as interstate business made a strong central government attractive to commercial interests. All states had to adhere to the same laws, and businesses operated across state lines with more ease. Many state governments, however, found ways to maintain their independence and to work around disagreeable policies.

A strong federal government proved to be beneficial to all states during the Great Depression (1929–41). The government established federal agencies and bureaus to set national policies in an effort to bring economic relief and stability. Under these programs, states deferred to national authorities and embraced the relief efforts. The success of the federal programs set a trend for a strong federal government that leads the policies of state governments.

The trend of growing federal power continued into the twentieth century under Republican and Democratic presidencies and Congresses. Some Americans fear that the country's federalism has become unbalanced—that the federal government has become too strong. Some speculate that a new phase of federalism is necessary and see indicators that politicians are seeking a new balance.