Federalism–The Series–Part 3—The Why?

Inkwell Institute

Professor’s Classroom

Subject:  Political Theory/Government/American History

Now the question must be asked…..Why Federalism?

The Framers of the Constitution created a federal system with a national government strong enough to unify the states in their pursuit of common goals without completely robbing the states of their independence. If they had not done so, it is unlikely that the ratifying conventions in the several states would have approved the Constitution. Indeed, the inclusion of the federal principle in the Constitution was a critical factor in its ratification. The benefits of federalism, however, have reached far beyond the ratification debates.

Federalism contributes significantly to the protection of individual rights and liberties in this nation. While many of the opponents of the Constitution were fearful the national government would not respect the rights of the people, there have been several instances in which the national government has stepped in to stop the abuse of individual rights at the state level.

A noble sentiment, but unfortunately it has not done a very good job at protecting the people from abuses……..but that would depend on what we define as an abuse….it will be different in its meaning depending on what side of the political spectrum you stand….

But from the beginning it was more about property rights than the rights of the individual…..if it were all about protecting the people then the property would not have been slaves that they were concerned with…..that was a major problem because most of the people that favored federalism were slave owners and wanted the institution to continue.

Perhaps the most important contribution of federalism to this nation has been the experimentation and “policy borrowing” it has fostered. Because states are free to develop, among other things, their own educational, law enforcement and economic development policies, at any given time there are several different approaches being utilized in different states to address the same set of public policy problems. As the programs and policies implemented by states succeed or fail, other states can learn from them and adopt, or choose not to adopt, similar policies.

Given the ability of states to experiment with different approaches to the problems they face, former Supreme Court Justice Louis Brandeis called the states “laboratories of democracy.” In each of fifty “laboratories,” state policy makers can adopt “riskier” policies than a national policy maker would because when a program is implemented in only one state it can fail only in one state.

If only this was true….policy today is NOT made to help the people they are made to assure the continuance of the governing elite….

Another significant benefit of federalism is that it keeps many political leaders, the decisions they make and the implementation of public policy close to the people.  Federalism, with its multiple levels of government, keeps government much closer to the people than would otherwise be possible.

It is a real shame that above statement, while sounding like a good thing has been anything but good for the people of the different states.  What it has done is put the people second behind business interests and once that is done the premise of federalism being a concept that keeps the people close to government is nullified.

Federalism–The Series–Part 2–Types

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?

Federalism–The Series—Part One–Intro

Inkwell Institute

Professor’s Classroom

Subject:  Politics/Government/Political Theory

In the past I was called a “Federal Agitator” the person that made this accusation a decade ago meant it in a derogatory way, but I kind of liked it so I have retained that title for my passing……sorry….that was a digression on my part….now on to the meat of the series….

I have been having some interesting exchanges with a reader of Info Ink, he is the blogger on “Systematic Change In Business And Government”  If interested go to blogroll and give it a look).  After my years of absence from the world of academia I felt that I needed a refresher course on Federalism so that I could debate with knowledge.

I started writing this piece to educate people on federalism and it turned into more than one post….I decided to break this up into several parts to explain the concept and put in my two cents worth on what I think of it all.

I am hoping that this series will induce others to debate whether federalism is good or bad….does it help or hurt…..people need to understand what federalism is and how it works…as it is today people use the term but know little about the term…it easy to talk about the intentions of the founders, but unfortunately federalism has moved a little beyond trying to save property rights…….originally the concept was a simple concept for a simple division of power….again …unfortunately the country has moved well beyond worrying about who is property and who is not.

Do you, my reader know what permissive federalism is?  How about “marble cake” federalism?  These are some of the points I will touch on to help people understand the concept that they so dearly love.

I will examine the different types of federalism and whether we should try to work within the bounds of the concept.  I also hope that opinions will be forthcoming, whether pro or con, all will be accepted, as long as they are civil and genuine.

This series will be continued every Monday until the final part…..please read and let me know what you think….

A Federalist Government?

Federalist Papers

The authors of THE FEDERALIST had varying and sometimes clashing ideas about government, but they agreed strongly on certain fundamental ideas: republicanism, federalism, separation of powers, and free government.

–Republicanism. A republican government is one “in which the scheme of representation takes place” (No. 10). It is based on the consent of the governed because power is delegated to a small number of citizens who are elected by the rest.

–Federalism. In a federal republic, power is divided vertically between a general (federal) government and several state governments. Two levels of government, each supreme in its own sphere, can exercise powers separately and directly on the people. State governments can neither ignore nor contradict federal statutes that conform to the supreme law, the Constitution. This conception of federalism departed from traditional forms, known today as confederations, in which states retained full sovereignty over their internal affairs.

–Separation of Powers. “Publius” proclaims (No. 47): “The accumulation of all powers, legislative, executive, and judiciary, in the same hands…may justly be pronounced the very definition of tyranny.” So the Constitution separates powers of government among three branches according to function. But this horizontal separation of powers is not complete. Each branch has various constitutional means to participate in the affairs of the others to check and balance powers in government and prevent one branch of the government from dominating the others.

–Free Government. Republicanism, federalism, and separation of powers are characteristics of free government. According to THE FEDERALIST, free government is popular government limited by law to protect the security, liberty, and property of individuals. A free government is powerful enough to provide protection against external and internal threats and limited enough to prevent tyranny in any form. In particular, free government is designed to guard against the most insidious danger of government by the people–the tyranny of the many over the few. Of course, it was mainly the “propertied few” that “Publius” had in mind, but this principle applies equally to constitutional protection of religious, ethnic, racial or other minorities against oppression by the majority.

There were those that did not agree totally on the Federalist system, they were called the Anti-federalist, but they were quickly marginalized by the biggies within the movement.

Why do I mention this?  Just read the post and tell me if there is anything wrong with the concept as it is practiced today.