The Federal System of Government (AQA A-Level Politics): Revision Notes
The Federal System of Government
Understanding federalism
Federalism is a system of government where power is shared between a central (national) government and regional governments (states). In the United States, this means that both the federal government in Washington DC and the 50 individual state governments have their own areas of authority and responsibility.
Unlike the United Kingdom, which operates as a unitary state where power flows from a single central authority, the USA divides power between different levels of government. This division was a deliberate choice by the Founding Fathers, who wanted to prevent any single government from becoming too powerful. Other federal nations include Germany and Switzerland.
The key distinction between unitary and federal systems lies in how power is distributed. In a federal system, both national and regional governments derive their authority directly from the constitution, whereas in a unitary system, regional authorities exist only at the discretion of the central government.
The constitutional basis of federalism
Reserved powers and the Tenth Amendment
The concept of reserved powers is central to understanding American federalism. The Tenth Amendment to the Constitution states that all powers not explicitly given to the federal government are "reserved to the States respectively or to the people". This is sometimes called the federalist clause.
The federal government was granted specific powers, such as:
- Regulating interstate and international trade
- National defence
- Declaring war
- Managing foreign relations
Constitutional Ambiguity
The phrase "or to the people" creates significant constitutional ambiguity. If "the people" means voters expressing their will through elections to Congress or the presidency, then not all remaining powers necessarily belong to individual states. This ambiguity has fuelled ongoing debates about the proper balance between federal and state authority.
The original debate: federalists vs anti-federalists
Even at the Constitutional Convention, there was fierce disagreement about how power should be distributed:
Federalists (including Benjamin Franklin and Alexander Hamilton) advocated for a stronger central government. They believed a powerful national government was necessary to maintain unity, manage the economy effectively, and defend the nation.
Anti-federalists (including Thomas Jefferson and Patrick Henry) supported greater autonomy for individual states. They feared that a strong central government would threaten individual liberty and local self-governance.
Interestingly, the Constitution itself never explicitly mentions federalism. However, it clearly establishes that state law must conform to both the Constitution and federal law, giving federal law primacy when conflicts arise.
Historical evolution of federalism
The balance between federal and state power has shifted dramatically over time, shaped by wars, economic crises, and social movements.
The Civil War (1861-65)
The Civil War was fought primarily over slavery, but it also involved fundamental questions about states' rights. The conflict centred on whether states possessed the ultimate power to secede from the Union. The North's victory permanently established that states could not break away from the federal union, significantly limiting state sovereignty.
Post-Civil War segregation
Following the Civil War, Southern states implemented legalised racial segregation, claiming this fell within their reserved powers. This system was successfully challenged and dismantled by federal government intervention during the 1950s and 1960s.
The "States' Rights" Connotation
This period gave the notion of "states' rights" a somewhat negative connotation, as the phrase became associated with resistance to racial equality. The term is still politically charged today because of this historical association.
The Sixteenth Amendment (1913)
This amendment allowed for a national income tax, representing the only constitutional amendment that explicitly expanded the power and authority of central government. It provided the federal government with a reliable source of revenue that would prove crucial for future expansion.
The New Deal and Second World War (1930s-1940s)
These events marked a turning point in American federalism. The Great Depression required unprecedented federal intervention:
- A nationwide social security programme was established
- Federal government took on responsibility for economic management
- During the Second World War, industry required national coordination
These developments necessitated massive increases in federal government power and established new expectations about what the national government should provide.
Civil rights era (1950s-1960s)
Federal government continued expanding its role to address racial inequality and poverty:
- Laws were passed requiring states to end practices preventing African-Americans from voting
- National healthcare schemes like Medicare were introduced for elderly citizens
- Federal intervention overrode state laws that perpetuated discrimination
The civil rights era demonstrated how federal power could be used to protect individual rights against state governments. This represented a significant shift from earlier views of federalism, where state autonomy was considered paramount.
New federalism (1970s-1980s)
A backlash emerged against the growth of "big government". New federalism was an attempt to return some powers to individual states. Several Republican presidents, including Nixon and Reagan, championed this approach.
Block grants were introduced, providing federal money to states for use at their discretion within broad policy areas. However, as the federal budget deficit grew during the 1980s, many federal programmes were cut back, leading to unfunded mandates. These required states to undertake certain responsibilities without adequate federal funding.
Notably, Democrat president Bill Clinton declared in 1996: "The era of big government is over", suggesting bipartisan support for limiting federal expansion. This statement reflected the political climate of the 1990s, though subsequent events would challenge this prediction.
Return to big government (2000-present)
Despite rhetoric about limiting government, federal power has continued expanding in the 21st century:
Under George W. Bush:
- The No Child Left Behind Act (2002) imposed national education standards
- Medicare was substantially expanded to include prescription drug benefits
- Following 9/11, the Patriot Act created the Department of Homeland Security
Under Barack Obama:
- The Affordable Care Act (Obamacare) reformed healthcare nationally
- The American Jobs Act (2011) provided $140 billion for infrastructure, responding to the 2007-08 financial crisis
Under Donald Trump:
- The Tax Cuts and Jobs Act (2017) provided major economic stimulus
- In March 2020, Trump signed a $2 trillion coronavirus stimulus package, the largest in US history
- The Defense Production Act (1950) was invoked to force private companies to manufacture medical equipment during COVID-19
This overview demonstrates that federalism has been significantly weakened since the 1930s. As the world has become more interconnected and complex, as citizens' expectations of government have grown, and in response to various crises, federal government has assumed greater responsibilities and spending.
Current balance of power
Despite the erosion of state powers in recent decades, the 50 states still play vital roles in American politics.
Key areas of state authority
Legislation on local matters: States can legislate on a wide range of issues including local taxes and access to abortion. Conservative states like North Dakota and Arkansas have imposed tight restrictions on abortion access, whilst more liberal states maintain broader access.
State-Level Variation: The Death Penalty
The death penalty is primarily a state-based issue, demonstrating the real-world impact of federalism. A serious crime in Texas might result in a death sentence, whilst the same crime in a neighbouring state would result in life imprisonment without parole. The federal system is, quite literally, a matter of life or death.
Presidential elections: The Electoral College system remains state-based. Each state elects its own Electoral College voters, who then choose the president. The number of electors per state is based on the size of its congressional delegation (number of senators plus representatives).
Running elections: States control how elections are conducted, deciding whether to hold caucuses or primaries for selecting party candidates. Important issues including postal voting, voter identification laws, and direct democracy measures are all decided at state level.
States during crises
During emergencies like Hurricanes Katrina and Sandy, or the COVID-19 pandemic, states and their governors are often at the forefront of the response. However, such disasters also highlight the limits of state capabilities. They inevitably require federal involvement, both financially and through agencies like the Federal Emergency Management Agency (FEMA).
The COVID-19 case study
The coronavirus pandemic vividly illustrated ongoing tensions in American federalism. The response often lacked centralised coordination, with the president and governors frequently blaming each other for shortages of vital equipment like ventilators and personal protective equipment.
Federalism in Action: COVID-19 Response Conflicts
Illinois governor J. B. Pritzker criticised Trump's pandemic response, arguing that the president "does not understand the word 'federal'". He questioned why states should seek their own resources if the Federal Emergency Management Agency exists specifically because individual states cannot do what federal government can do.
Trump responded by criticising Democratic governors, tweeting that some governors "have insatiable appetites & are never satisfied", emphasising that the federal government should be "a backup for them" rather than taking primary responsibility.
Different states adopted varying approaches to the crisis:
- Some states, like Ohio, quickly implemented lockdowns
- Others, like Florida, were much slower to respond
- Arkansas did not issue a full lockdown order at all
Presidential Authority Claims
On 13 April 2020, Trump declared: "When someone is the president of the United States the authority is total", claiming he could dictate policy nationally over state governors' heads. Governor Cuomo of New York responded: "The Constitution says we don't have a king...we didn't have a King George Washington but President George Washington."
This exchange perfectly encapsulates the ongoing debate over power distribution in the Constitution.
The partisan nature of modern federalism
Contemporary debates over federalism are often driven more by partisan politics than by consistent principles about the proper role of government.
Democrats support federal government imposing healthcare expansion on states through Obamacare, but they resist individual states restricting abortion access.
Republicans support federal government action against sanctuary cities that protect undocumented immigrants, but they defend states' rights to pass laws restricting transgender rights.
The Pragmatic Reality of Modern Federalism
In practice, politicians on both sides of the political divide support states' rights when states exercise the "right sort" of rights that align with their party's ideology, but oppose state autonomy when it conflicts with their policy preferences.
The debate between federal and state authority has become less about constitutional principle and more about which level of government will advance particular policy goals.
Summary
Key Points to Remember:
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Federalism divides power between national government and state governments, established through the Tenth Amendment's reserved powers
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The balance has shifted dramatically towards federal power since the 1930s, driven by economic crises, wars, and expanding expectations of government
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States retain important powers over elections, criminal justice (including the death penalty), and various policy areas like abortion laws
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Modern federalism debates are often shaped by partisan politics rather than consistent principles
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The COVID-19 pandemic revealed ongoing tensions between federal and state authority, with both levels of government claiming primacy in crisis response
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Key historical developments include the Civil War (establishing federal supremacy), the New Deal (expanding federal role), and new federalism attempts (seeking to restore state powers)