US Federalism
The U.S. Federal System of Governance
What defines the U.S. political system of governance (much like its
economic system) is competition. Everything about the U.S. system of
governance, from its bicameral legislature, to the indirect election of the
President (by the Electoral College), to the jurisdictional sovereignty of
the States, is designed to create competing spheres of jurisdiction,
control, and supervision.
The framers feared the concentration of all government powers under
one person (like the King of England that they rebelled against), so they
designed a system of governance that requires both competition and
mistrust among the constitutional actors involved. In their mind, it was
better for the government to do nothing than do something damaging
that could not be undone.
When completion works properly (like in the case of the market) then
the U.S. system of governance is at its best. Present-day observers of
political gridlock in Washington might find this statement inaccurate.
However, what most people forget is that the vision of the framers of the
U.S. constitution has been twisted over time.
Most of the significant “checks and balances” of the U.S. constitution
have been watered down. The bicameral legislature which was supposed
to represent the people and the State governments, no longer does (since
Senators are also elected by the people and no longer appointed by State
governments). The most significantly diluted are the powers of the
States to run most of their internal affairs.
Overall, the cornerstone of U.S. federalism is the horizontal and vertical
separation of powers. First, there is the complete separation of powers
between the three branches at the national level, and the overlapping
checks and balances. Then, there is the division of powers and
responsibilities between the national government and the States (subnational governments).
Horizontal Separation of Powers
The great innovation of the U.S. constitution has to do with the
separation of powers between the Legislative, Executive, and Judicial
branches. Unlike most parliamentary systems of governance, in the U.S.
the Legislature is separate from the Executive (President) and the
government administration. In effect, the U.S. constitution states that a
person cannot hold office in multiple branches of the government.
Therefore, a member of Congress cannot be a member of the Cabinet,
and so on.
This innovation introduced an element of competition between the
Legislative and the Executive branch, and it allowed for the Judiciary to
develop (over a long time) a strong independent voice.
Bicameral Legislature –
All legislative powers in the U.S. rest with Congress, which is made up of
two legislative bodies: the House of Representatives and the U.S. Senate.
Although the House and the Senate represent different constituencies,
and have some different functions, the underlying premise is that every
legislature that is passed by one chamber must also be approved by the
other chamber… unchanged.
This combination of two legislative chambers representing different
constituents but having to approve every legislature as equals safeguards
the nation from any abuse of power and produces sensible moderate
legislative compromises.
Another function for which the U.S. Congress is infamous for is its
oversight responsibility. The U.S. Legislature, both the House and the
Senate, through the many Congressional Committees and SubCommittees, take their responsibility to ‘question and investigate’ the
executive branch very seriously.
Vertical Separation of Powers
On the other hand, because the United States was formed from the
bottom up as a revolution of semi-autonomous colonies (states), they
retained a great deal of power and responsibility to manage their internal
affairs. Of course, over time, in the constant struggle for political control
between the four main center of power under the U.S. constitution (the
President, Congress, the Supreme Court, and the States), the States have
been the ones which lost part of their powers and responsibilities.
Non-the-less, States remain absolutely invaluable to the U.S. system of
governance, because due to their much smaller size they can pursue
policies and initiatives that are two risky or too expensive for the federal
government. The ‘laboratories of democracy’ as they have come to be
known, States have been on the avant-guard of policy development, be it
for economic or social issues.
Questions From Reading – US Federalism - Read Handout
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Draw a Diagram & Explain how the concept of separation of power works in
the federal government.
Draw a Diagram & Explain the system of checks and balances put in place in
the Constitution.
Draw a Diagram & Explain the US system of Federalism.
Below is a diagram to be filled in that explains the horizontal & vertical
limitations on the power of government. (CLASS ACTIVITY)
FEDERALISM
SEPARATION OF POWER
CHECKS & BALANCES