I am writing about the importance of American federalism. First, I will define and explain what federalism is, the three most important powers that are shared in federalism, and what roles the state, local, and national governments play in federalism. Secondly, I will discuss how federalism has evolved in the United States and how certain court rulings have influenced the evolution of federalism. Thirdly I will discuss why federalism is important to our society, our government, and how federalism as a whole shapes the lives of Americans. Fourthly, I will discuss how federalism is important to the individual. Finally, I will discuss some advantages and disadvantages of federalism; the governmental structure that is looked at by curious eyes.
Federalism is when power is divided between two or more levels of government (Berman 80). In addition, there are three constitutional provisions that maintain balance between state and federal governments. These three provisions are the interstate commerce clause, the tenth-amendment, and the general welfare clause (Berman 86). First, the interstate commerce clause gave Congress the power to regulate commerce and thus to impose some equality of rule among the states. Hence, the interstate commerce clause made it so that national and state governments could not punish each other but still work together. Secondly, the general welfare clause gave Congress the power to impose taxes in order to provide for the general welfare of the public. This also gave Congress the power to give money to states and tell them how to spend the money. This gives the national government great power over the states because the state governments have to do as the national government says or risk losing all federal money; thus the name “carrot-and-stick” programs. Finally, the tenth-amendment is what kept the federal government from becoming a supreme ruler. The tenth-amendment gives states the powers that are not delegated to the national government and that are not prohibited to the states so to conserve the individuality of the states (Berman 84-86).
The three partners in federalism are federal, state, and local governments. The primary roles of the federal governments are to regulate commerce, collect taxes, provide for the national defense, coin money, and deal with foreign affairs. On the other hand, state governments, while often overlooked, have the power to affect a person more than the federal government. State governments regulate intrastate commerce, handle law enforcement, issue licenses, create jails, and initiate gun laws, to name a few. Furthermore, local governments are the ones who are given state money to use for education, roads, and other public utilities.
Federalism has come a long way from what the framers had intended it to be. The framers wanted to create a political system that combined the features of both the state and national government, “A central government, strong enough to deal with the larger national problems, and a decentralized government at the state level, able to address the needs of the people at the state and local governments” (Bernam80). After many years and court case rulings, the state and national government forged a new kind of relationship where the two systems were more dependent on each other, so instead of the two powers being like layers of a “cake”, where each had there own separate powers, they became more of a “milk shake,” where they did things together. For example, now the national government is engaging in a lot of the activities the state governments were naturally intended to do, such as the No Child Left Behind Act. Education was normally left to the states but now the national government is setting education criteria for all states. Another example of why current federalism is not the way the Framers intended it to be is due to the fact that states are very dependent on grants (block grants, mandates, categorical grants) from the national government. For example, when the national government gives money to states in the form of a “block grant”, the catch is that certain portions of the money in that grant have to go to specified categories such as education, health care, roads, etc. Unfortunately, since the states desperately need the money they do as the national government asks them too. This thus shows how the states have become dependent on the national government.
Court rulings have also played a vital role in the relevance of federalism and how it has evolved throughout the years. The court case of Gibbons v. Ogden, for example, made it so that states can only regulate commerce when it is within one state (city to city). And thus, the ruling held that the national government had the authority to regulate any “commercial intercourse” within two or more states (state to state) (Bernam90). Another court case that helped forge the new concept of creative federalism was South Dakota v. Dole, in 1987. This case ruled that the individual states have the power to lower the legal drinking age. However if they do, the government will not give that state money for things such as highway construction or education. And thus, the ruling gave the national government the power to coerce states to adopt polices. Furthermore, the case between McCulloch v. Maryland helped reiterate the national governments power over the states (Berman 90). This case came to action because of the fact that Maryland wanted revenue and wanted to tax a federal bank in Boston. The court ruled that states could not tax because, “The power to tax is the power to destroy,” as said by Chief Justice John Marshall, and hence such power should only be used by the national government. Court rulings such as these were the foundation to creative and new federalism, and greatly influenced the development of federalism over the years.
The framers had many questions on how to create a governmental structure that would not lead to another monarchy. The answer to those questions was federalism, and thus is why federalism is so important to government and society. Federalism is what the American colonies wanted, a form of government where there was a central government that dealt with large national problems and a decentralized government that was able to address smaller problems and the needs of the people (Berman 81). Federalism shapes the lives of Americans, processes, and institutions in an arsenal of ways. Due to federalism there are more laws people must abide by because different states offer different regulations. For example, the LAPD must follow stricter rules when it comes to engaging in deadly force in California. In contrast, the Texas police departments have far more lenient rules. In addition, gun laws can vary from state to state, which can make it more difficult to purchase a firearm in one state but easier to purchase a firearm in another.
On the other hand, the central government forces all states to pay income tax, which affects all Americans. In addition, some states such as Vermont support the right for gay couples to get married, but other states do not. As a precursor of what is to come regarding state powers and national powers, in the last presidential election eleven-out-of-eleven states voted against gay-marriage. This means that if the issue of gay marriage were left to the states, gay residents in these particular states would not be allowed to get married and thus be forced to get married in a different state that allowed gay marriage. However, if this were a federal decision than all states would either be forced to allow or deny gay couples the right to marriage. These ideas and laws, among other things, show how federalism shapes the lives of millions.
Federalism affects more than just the big picture, but the individual as well. For example because of federalism a person has to be twenty-one years old in order to drink. The reason being because states want federal money, and the only way the federal government will give them that money is if they abide by that policy. In addition, a person in California cannot have a pet ferret because it is against the California Department of Fish and Game regulation, so in order for an individual to obtain a pet ferret they must go to a state that legalizes ferrets as pets. Furthermore, an individual has the right to burn the flag of the United States in any state, because the freedom of speech is a constitutional right, and therefore, a federal law. Therefore, federalism is important for the individual because it makes it so that neither the federal nor the state governments have the ability to fully rule over a person.
Federalism is a unique form of government with many advantages. Among these advantages, is policy diversity, which is not only needed to house a diverse public across an enormous country, but is also limits policy conflict (Berman 81). Therefore, if groups fail to succeed in introducing a policy at the national level, they can try at the state or local level. In addition, federalism also results in a natural distribution of power. This therefore creates more opportunities for political participation. If a politician does not win an election to be president, that person can try to be governor, and if still unsuccessful, he/she can then run for mayor at the local level. Furthermore, federalism also expands the prospects of testing and advancement (Berman 83). For example, stem-cell research is only legal in certain states, as is gay-marriage. Both can be seen as the stepping-stones to a new federal law or right. On the other hand, however, federalism is not perfect, which means it has its disadvantages as well. Among these disadvantages is the fact that the dispersal of power can influence one to protect their own interests and thus barricade national mandates. Furthermore, federalism creates inequalities in the country. For example, governmental programs at the local level do not provide the same services for urban schools as they do to suburban schools. Therefore, poor areas do not receive equal services as opposed to more affluent areas (Berman 84). There are numerous advantages and disadvantages within federalism, however the advantages far outnumber the disadvantages.
Federalism is a unique form of government where power is divided between the national, state, and local governments. It has evolved greatly from the time of the framers to present day. It has a profound impact on government, society, and the individual. It therefore has the power to influence and shape the lives, processes, and institutions of Americans. Federalism is the result of the notion the framers sought after – a democratic nation where everyone would be equally represented. And thus, without federalism, democracy would be impossible.
Works Cited
Berman Larry & Murphy, Bruce Allen. Approaching Democracy. New Jersey: Prentice
Hall, 2005.
Supreme Court Cases:
McChulloch v. Maryland, 1819
Gibbons v. Ogden, 1824
South Dakota v. Dole, 1987
