Origin of Federalism

GOVT2306, Instructor: Tom Hanna, Fall 2023, University of Houston

2023-09-13

Agenda

  • Announcements and questions
  • Review
  • Origin of Federalism
  • Next class: The Bill of Rights

Announcements and questions

Review

  • Government’s unique tool is organized coercive force
  • Coercive force is dangerous to individual rights
  • The Constitution was intended to restrain organized coercive force
  • It did this partly by dividing power (separation of powers)
  • System of Checks and Balances among the separate powers
  • One division of power is Federalism: Federal vs State power

Federalism: Definitions

  • Sovereignty: Supreme and final governing authority.

  • Unitary system: the national government is completely sovereign

  • Confederation: The states or similar lower level governments are completely sovereign

  • Federalism: Sovereignty is shared between national and state governments

Three meanings of ball

  • an orange sphere we play basketball with

Cougar Basketball

Three meanings of ball

  • an orange sphere we play basketball with
  • an oblong brown object we play American football with

Cougar Football

Three meanings of ball

  • an orange sphere we play basketball with
  • an oblong brown object we play American football with
  • a nearly spherical object with 32 flat faces that we play football or soccer with

Soccer ball

Three meanings of ball

This isn’t just to be silly:

  • Balls are not all the same and…

Question:

  • Is it possible to fit a ball inside a larger ball?

Three meanings of ball

  • This isn’t just to be silly: Is it possible to fit a ball inside a larger ball?

Balls within a ball

Three meanings of state

  • A reference to any government as “the state”
  • Any of the independent sovereign actors in the international system. A sovereign government such as a nation like France or an independent city-state like Singapore
  • A subdivision in a federal or confederal system like the United States

Unitary systems

  • National government is supreme and holds all sovereignty

  • Do they have lower level governments? (States, cities, etc.)

              - Yes! But those governments get their power solely from the national government and the national government can abolish the lower units, change their powers, or overrule decisions at any time.

  • Most countries are unitary states

              - 166 of 193 United Nations Members

  • Examples:

              - People's Republic of China
          - Republic of China (Taiwan)
          - France
          - Finland
          - Sweden

Confederation

  • The states are completely sovereign

  • The sovereign units may be called states, republics, kingdoms, principalities, or other names associated with sovereign states

  • Also called a confederacy or a league

  • Is there a central or national government?

              - Yes! But the national government gets it power solely from the state governments and the state governments can abolish the central government, change its powers, ignore its decisions, or even overrule its decisions at any time.

  • Examples:

              - Benelux states (Belgium, Netherlands and Luxembourg)
          - European Union
          - Switzerland
          - Union State of Russia and Belarus
          - United Colonies of New England (1643-1689)
          - united States of America (1776-1789)
          - Confederate States of America
          - Commonwealth of Independent States (1991-??)

Federalism

  • Also called federal systems or federalist systems

  • The central or national government is also called the federal government

  • Sovereignty is shared between the state and national governments

              - The powers of state and national governments are defined in a constitution
          - The national government may not change the powers of the states
          - The state governments may not change the powers of the national government
          - Each level's powers are binding on the other in its own proper sphere of influence

Federations (Federal systems)

  • There are 27 federations in the world

  • Examples:

              - Australia
          - Canada
          - Brazil
          - Estados Unidos Mexicanos
          - Germany
          - Russian Federation
          - United Arab Emirates

  • and The United States of America

Why federalism?

Two related reasons:

  • Historical accident
  • Additional Separation of Powers

History

  • From the Declaration of Independence (1776): “…these United Colonies are, and of Right ought to be Free and Independent States.”

History

  • From the Declaration of Independence (1776): “…these United Colonies are, and of Right ought to be Free and Independent States.”
  • Not: “an Independent State.” Singular.

History

  • From the Declaration of Independence (1776): “…these United Colonies are, and of Right ought to be Free and Independent States.”
  • Not: “an Independent State.” Singular.
  • 13 Free and Independent States. Plural.
  • The Republic created by the Constitution formed from the bottom up

History

  • From the Declaration of Independence (1776): “…these United Colonies are, and of Right ought to be Free and Independent States.”
  • Not: “an Independent State.” Singular.
  • 13 Free and Independent States. Plural.
  • The Republic created by the Constitution formed from the bottom up
  • The individual states were jealous of the sovereign powers they had just won

History

  • From the Declaration of Independence (1776): “…these United Colonies are, and of Right ought to be Free and Independent States.”
  • Not singular: “a Free and Independent State.”
  • Plural: 13 “Free and Independent States.”
  • The Republic formed from the bottom up
  • States: jealous of new sovereignty
  • States: protective of citizens’ Liberty

How was power split?

  • Federal government got necessary power for:

              - Interstate relations - common market

  • Mostly Article I powers given to Congress

  • Examples:

              - uniform laws of bankruptcies
          - regulate commerce...among the several states
          - post offices and post roads
          - standard weights and measures
          - coin money and regulate the value of coin (currency)

How was power split?

  • Federal government got necessary power for:

              - Interstate relations - common market
          - Foreign relations - unified foreign policy

  • Article I and II

  • Examples:

              - Make treaties
          - appoint ambassadors
          - Declare war
          - punish piracy
          - regulate commerce with foreign nations
          - raise armies and a navy
          - to govern the state militias when in federal service

How was power split?

  • Federal government got necessary power for:

              - Interstate relations - common market
          - Foreign relations - unified foreign policy
          - Taxes to fund federal government
          - Limited power over federal elections

  • Article I

How was power split?

  • Federal government got necessary power for:

              - Interstate relations - common market
          - Foreign relations - unified foreign policy
          - Taxes to fund federal government

  • State governments got: Everything else

              - Most crimes
          - Business formation
          - Property records and enforcement
          - contract law
          - family law
          - Primary power over elections

What happened from there?

  • First central banks: 1791, 1810
  • States asserted their power: early 1800s
  • Civil War: established federal supremacy
  • Westward expansion: increased federal power
  • 1913 Federal Reserve Bank and Income Tax
  • New Deal: further expansion of federal power
  • Great Society 1960s
  • New Federalism: 1970s

What happened from there?

  • What happened from there (Sept 21)
  • Bill of Rights and early Civil Liberties (Sept 19)
  • Later Civil Liberties and the Civil Rights Movement (Sept 26 and 28)

GOVT2306, Fall 2023, Instructor: Tom Hanna