Inkwell Institute

Professor’s Classroom

Subject:  American History/Political Theory

A few quick facts on federalism—28 countries have  some sort of federal system…..about 40% of the world’s population live with a type of federal government.

There are some distinctive characteristics that define federalism—among these are two or more orders of government, a written constitution, an umpire to settle disputes between governments and a process for conducting relations between governments.

Many Americans use the term, Federalism, without a lot of knowledge of what it is or how it should work…..the best is that it is a national and local government cooperation to govern the the country….sounds like it right?  Sorry, but there is more to it than the easy definition.

Within the concept of Federalism there are types….types?….Are you kidding hardly….

The Articles of Confederation had established a “federal” system in the truest sense of the word. In the late 1700s, a federation or federal relationship meant an alliance between sovereign, independent and autonomous states or nations. Such was the arrangement under the Articles, which had created a “loose league of friendship” governed by a Confederal Congress with no authority to compel the states to do anything. It could simply request that the states comply with its recommendations.

There is a pretty good definition of the term Federalism….but over the years much more has been found and in such there needed to be adjustments.

1–Dual Federalism

During the first century of this nation’s existence, the most widely accepted view of the relationship between the states and the national government was one of “dual federalism.” Sometimes called the “layered cake” theory of federalism, dual federalism is based on the notion that there are two distinct spheres of government, a national sphere and a state sphere. Within each sphere, the relevant government is independent and largely autonomous, free from intrusions by the other.

But the tweaking did not stop there….

2–Permissive Federalism

One of the more controversial definitions of federalism, especially in light of current trends toward decentralization and the emphasis on “states rights,” is the idea that the states have only those powers and authorities permitted to them by the national government. Permissive federalism, as this view is called, holds that the states are subordinate to the national government and that they derive their existence and authority from the national government.

Many conservatives have taken exception with this view of federalism, most notably Ronald Reagan who asserted that it was the states that created the national government and, therefore, the states were entitled to a comparatively greater share of governmental authority and resources. This view however, was not supported by the first Republican President, Abraham Lincoln, who declared:

The Union is older than any of the states and, in fact, it created them as States. . . . The Union and not the states separately produced their independence and their liberty. . . . The Union gave each of them whatever independence and liberty it has.

Lincoln’s views of federalism were obviously motivated by the Civil War experience and the belief that no state had the “right” to leave the Union. Lincoln’s view, however, is not entirely a defense of permissive federalism. In fact, it would probably be a misinterpretation to suggest that is was. However, the notion of national supremacy and the idea that the existence of the states is dependent upon the national government provide fertile soil for the “permissive” view of federalism.

No this not the extent of the adjustments…..

3–“Marble Cake” Federalism

In response to the commonly held views of dual federalism and permissive federalism, both of which suggest an adversarial relationship between the national and state governments, some constitutional scholars have argued that attempts to draw lines between national and state governmental activities are counter-productive. Instead of a two or three-layered, cake, they argued that the relationship between different levels of government in this nation is more like a marble cake, with swirls that cut across the levels, often blurring the distinction between them. In practice:

Functions are not neatly parceled out among the many governments. They are shared functions. It is difficult to find any governmental activity which does not involve all three of the so-called “levels” of the federal system. . . . [F]ederal-state-local collaboration is the characteristic mode of action.

The “marble cake” metaphor suggests that the national and state governments are highly interwoven and interdependent. Accordingly, another term for marble cake federalism is cooperative federalism. According to this view, the national government and state governments are not, in fact, adversaries but rather different levels of government pursuing largely the same goals. For example, both national and state governments are interested in improving education, protecting the environment, promoting economic growth and reducing crime. To the extent that cooperation is feasible and beneficial, national, state and local governments can and do work together to accomplish these goals.

And finally, there is the newest form of Federalism…….

4–New Federalism

As policy leaders and the Supreme Court gradually redefines federalism, they are confronted with the need to set priorities and determine which levels of government are best suited to perfume which tasks. The “new federalism” being created in the process is one which places a greater emphasis on the states, both in terms of funding and running programs. One of the most striking examples of this trend is the 1995 Welfare Reform legislation passed by the Congress which shifted much of the administration of federal welfare programs from the national level to the states. State governors and conservatives in Congress are eager to tip the scales even more toward the states. It seems unlikely, however, that a major change in the balance of power is on the near horizon. Members of Congress, conservatives and liberals alike, are unwilling to cede their authority and spending power to the states.

As the reader can see there is more to Federalism than a simple definition that most people labor under.  Federalism is a complicated concept that has numerous interpretations. But the question should be which is accurate and which is not or are all correct?