hot topic | BASICS OF FEDERALISM
BASICS OF FEDERALISM | hot topic
NEW LAWS CHALLENGING FEDERAL, STATE GOVERNMENTS
THE BIRTH OF FEDERALISM
James Madison is often given
credit for being one of the
strongest supporters of the
idea of federalism, the defined
separation of federal and state
powers.
The Federalist Papers were a
series of papers he co-authored
with Alexander Hamilton in
1787-88 to address concerns
about the United States’ new
Constitution, which was being
ratified by the states. Madison argues
in Federalist 39 that the new government follows the republican
ideal rather than the country being a confederation of states.
In that letter, Madison plainly states the new federal
government’s power is limited.
“Its jurisdiction extends to certain enumerated objects only, and
leaves to the several States a residuary and inviolable sovereignty
over all other objects,” he wrote. “It is true that in controversies
relating to the boundary between the two jurisdictions, the
tribunal which is ultimately to decide, is to be established under
the general government. But this does not change the principle
of the case. The decision is to be impartially made, according to
the rules of the Constitution; and all the usual and most effectual
precautions are taken to secure this impartiality.”
The division of power was enshrined in the Bill of Rights, also
written by Madison, and took effect after it was ratified by the
states in 1791.
Source: The Library of Congress http://thomas.loc.gov/home/histdox/fed_39.html
[ LABORATORIES OF DEMOCRACY ]
single courageous state may,
if its citizens choose, serve as a laboratory,
and try novel social and economic experiments
without risk to the rest of the country.
—Justice Louis Brandeis, in his dissenting opinion in New State Ice Co. v. Liebmann in 1932
the United States by the Constitution,
nor prohibited by it to the states,
are reserved to the states respectively,
OR TO THE PEOPLE.
NOT ALL FEDERALISM IS THE SAME
During the first 100 years of the nation’s history, dual federalism
was the primary form practiced. Dual federalism is where states
handled most of the daily affairs of life and the federal government
primarily handled international relations. It was during this time
that the fight over who had sovereignty began to arise.
Dual federalism essentially ended after the Great Depression
because states couldn’t cope with the massive economic
upheavals. President Franklin Delano Roosevelt’s New Deal
marked the start of a new era called cooperative federalism.
Some political commentators are now referring to today’s
climate of acrimony between the states and the federal
government as competitive federalism.
Source: Ben’s Guide to U.S. Government for Kids, http://bensguide.gpo.gov/9-12/government/state/index.html
THE VALUE OF FEDERALISM
Robert P. Inman of the National Bureau of Economic Research,
listed some reasons a federalist government works best in a 2008
paper, “Federalism’s Values and the Value of Federalism.”
Among the benefits:
» Government inefficiency is lower and output per worker is
significantly higher in federal governments than in dictatorships
or even in unitary democracies.
» Democratic participation and the likelihood of an orderly
transition between governments are both higher in federal
governments, particularly so as an improvement over unitary
dictatorships.
» Economic property rights and political and civil rights are higher
too in federal democracies.
“By each of our value measures federal governance appears to
deliver on its promised federal outcome,” he wrote. “Even on those
dimensions where federal governance is typically thought to be
counterproductive—educational opportunities, health outcomes,
and economic opportunities as measured by income equality—
federal democracies do best on average.”
Arizona: Senate Concurrent Resolution 1016,
which will be on the 2014 ballot, would allow the
governor, the legislature or voters to refuse to use
state resources or personnel on any federal law or
action they deem to be unconstitutional.
California: Supervisors in one northern California
county voted in September to break away from
the state.
Colorado: Eight northern counties are pushing
to form a new state of Northern Colorado and
secede from the rest of Colorado.
Maryland: The Western Maryland Initiative is a
new effort to break off five western counties to
form its own state government.
©AP Photo/Orlin Wagner
Missouri: Gov. Jay Nixon in July vetoed a bill that
would have prevented the state from enforcing
federal gun laws.
Wyoming: House Bill 104, called the Firearms
Protection Act, passed the House in February. It
would have made it illegal for state police officers
to enforce specific federal gun legislation passed
after Jan. 1, 2013.
Federal government: Even Congress is getting in
on the act. One version of the Farm Bill working
its way through Congress would nullify state laws
that impose additional standards on agricultural
products shipped in from another state.
GOING OUT ON THEIR OWN
Holly Jacobs, right, Mark Jacobs and Richard Elam, left, all from Macon,
Mo., right, held signs and flags at a rally on the south lawn of the Missouri State Capital in Jefferson City, Mo., in September to override Gov.
Jay Nixon’s veto of a bill that attempted to nullify certain federal gun
laws. Top right is the town of Yreka, where the Siskiyou County Board
of Supervisors voted 4-1 Sept. 3, 2013, in favor of separating from the
state. The vote appears mostly symbolic since secession would require
approval from the state legislature and Congress, but supporters say it
would restore local control over decision-making. They want other rural
counties in northern California and southern Oregon to join them in the
creation of a new state called the State of Jefferson.
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» NOV / DEC 2013
CAPITOL IDEAS
of the federal system that a
The powers not delegated to
© AP Photo/Jeff Chiu
CAPITOL IDEAS
» NOV / DEC 2013
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It is one of the happy accidents
THE 10TH AMMENDMENT
States and even local governments are passing or
attempting to pass legislation either challenging
federal laws or attempting to redraw the states
themselves. In additon to bills aimed at nullifying
federal marijuana laws and the Affordable Care
Act, here are some laws that have been passed or
introduced recently.