What is Federalism? – Definition & Factors of U.S …

Adopting a Constitution

The United States Constitution was ratified on May 29, 1790, and became the law of the land. The Constitution contains seven articles that spell out the division of powers between national and state governments. The majority of the power lies in the federal government, but the states are allowed to retain some autonomy over their local governments, so long as their local laws don't clash with federal or constitutional laws.

The Supremacy Clause is a key component of federalism as it says that the federal government's authority and laws take precedence over state laws. For example, say Texas made it illegal to vote until the age of 21. However, federal law and the Constitution say people can vote at 18. The federal law supersedes state law in this case, so Texas is not allowed to make this change.

The reverse can also be true. The federal law cannot interfere with state law if it is not a federal or constitutional matter. States can decide, for example, the drinking age, speed limits, and fireworks rules.

Federalism went through multiple phases. Dual federalism first argued that federal and state governments were partners that had equal powers. Around 1865, though, a second period maintained duality, but the federal government began to make more inroads into the sphere of state government.

Cooperative federalism (1901 to 1960) saw federal and state governments working together to address societal and economic problems occurring at all levels of government. For example, the federal government began issuing grants to states in financial need.

A short-lived form of federalism, called creative federalism, was introduced during the socially conscious, turbulent 1960s. During this phase, the federal government increased its power over the states and implemented nationwide programs to combat poverty and other social ills.

Contemporary federalism arose circa 1970 and continues to today. This phase is one of conflict and compromise, in which the federal government and state governments struggle to figure out who has authority over what. Court cases abound as states challenge federal laws and assert their right to self governance and the federal government pushes back.

As of 2020, many states have come to realize that they cannot govern without federal assistance, but the federal government has advocated for less interference in states, which has created a sense of tension and urgency between the two entities. Federal laws regulating the environment, economy, education, and other facets of American life have been decreased, resulting in multiple court cases as states argue that the federal government is not being responsible and negatively affecting the states. At the same time, the states want the federal government to help in dealing with serious issues, such as racism, poverty, and the COVID-19 pandemic. What the solution will be is yet to be seen.

In the words of former Supreme Court Justice John Marshall, challenges are ''perpetually arising, and will probably continue to arise, as long as our system shall exist,'' and Americans seek what the founders call ''a more perfect union.''

Federalism is the shared authority between a national government and states. The U.S. decided on federalism during the Constitutional Convention of 1787 and rejected the Articles of Confederation. Key players in the crafting of the United States Constitution included James Madison, who is also known as the Father of the Constitution, and American revolutionary patriot and delegate from New York, Alexander Hamilton, who strongly advocated for federalism. An important component to federalism is the Supremacy Clause, which places federal law above state law, although there are exceptions. States can implement laws so long as they are not in conflict with federal laws or the Constitution.

Federalism started out as dual federalism, a partnership between the states and the federal government, but later morphed into cooperative federalism, in which states and the federal government worked together to improve societal and economic conditions. Creative federalism emerged in the 1960s during a tumultuous time and was the progenitor of national programs to fight poverty and other social ills. The contemporary federalism of today sees states and the federal government struggle with one another to define their boundaries and push back against laws that one or the other believe to be unconstitutional.

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What is Federalism? - Definition & Factors of U.S ...