The Value of Federalism

Heather k. gerken

It’s true that Republicans have often been more clearly associated with federalism. But both sides are fair-weather federalists. Both sides will, depending on the politics of the moment, prefer state or national power, depending on where they’re in control. People ought to have a more enduring commitment to federalism for democratic reasons-that’s the aim of my research agenda….I’m delighted to have people come late to the party. And I hope to convince them that this shouldn’t be a short-term commitment because they don’t like the politics of the moment. A commitment to federalism should really be a long-term commitment based on the importance of democratic design.

INSTITUTE FOR DEMOCRACY AND ELECTORAL ASSISTANCE

Federalism is a means of ensuring peace, stability, and mutual accommodation in countries that have territorially concentrated differences of identity, ethnicity, religion or language. Federalism, especially in large or diverse countries, can also improve service delivery and democratic resilience, ensure decisions are made at the most appropriate level, protect against the over-concentration of power and resources, and create more opportunities for democratic participation.


george washington

Governments must confine themselves within their respective constitutional spheres, avoiding in the exercise of the powers of one department to encroach upon another.

The spirit of encroachment tends to consolidate the powers of all the departments in one, and thus to create, whatever the form of government, a real despotism.

Let there be no change by usurpation; for though this, in one instance, may be the instrument of good, it is the customary weapon by which free governments are destroyed.

anthony kennedy

Federalism was our Nation’s own discovery. The Framers split the atom of sovereignty. It was the genius of their idea that our citizens would have two political capacities, one state and one federal, each protected from incursion by the other.

robert f. kennedy

The glory of justice and the majesty of law are created not just by, the Constitution – nor by the courts – nor by the officers of the law – nor by the lawyers – but by the men and women who constitute Our society – who are the protectors of the law as (they are themselves protected by the law.

james madison

In the compound republic of America, the power surrendered by the people is first divided between two distinct governments, and then the portion allotted to each subdivided among distinct and separate departments. Hence a double security arises to the rights of the people. The different governments will control each other, at the same time that each will be controlled by itself.

Federalism Curriculum

#1 Defining Federalism

#2 Principles of American Federalism

#3 Madisonian Federalism

#4 Federalism & the US Constitution

#5 Federalism & the Administrative State

#6 Federalism Today

Insights from the Founders

In America, the power surrendered by the people si first divided between the state and national governments, and then the portion allotted to each is subdivided among three distinct and separate branches.

Hence a double security arises to the rights of the people. The different governments wil control each other, at the same time that each will be controlled by itself

James Madison

Federalist Papers #51

The state governments may be regarded as essential parts of the federal government, but the federal government is no wise essential to the operation or organization of the state governments.

The powers delegated by the Constitution to the federal government are few and defined. Those which are to remain in the state governments are numerous and indefinite.

The powers reserved to the states will extend to all the objects which in the ordinary course of affairsconcern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the state.

James Madison

Federalist Papers #45

The leading object of the Constitution was to leave with the states all authorities which respected their own citizens only, and to transfer to the United States those which respected citizens of foreign states.

The states can best govern our home concerns, and the federal government our foreign ones. I wish, therefore, never to see all offices transferred to Washington, where, further withdrawn from the eyes of the people, they may more secretly be bought and sold as at market.

The Constitution of the United States… delegated to Congress a power to punish treason, counterfeiting the securities and current coin of the United States, piracies and felonies committed on the high seas, and offenses against the law of nations-and no other crimes whatsoever.

Thomas Jefferson

Founding Father

I think there is a subject for which the Constitution deserves approval: the accuracy with which the line is drawn between the powers of the federal and state governments. The powers are as minutely enumerated and defined as was possible.

James Wilson

Justice on the First U.S. Supreme Court

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

The tenth amendment

The Bill of Rights

I consider the foundation of the Constitution as laid on this ground that ‘all powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states or to the people’.

To take a single step beyond the boundaries thus specially drawn around the powers of Congress is to take possession of a boundless field of [federal] power, no longer susceptible of anv definition.

Thomas Jefferson

RE: The Tenth Amendment

Without constitutional lines, the federal government will “take the care of religion into their own hands; they may appoint teachers in every state, county, and parish and pay them out of their public treasury; they may take into their own hands the education of children, establishing in like manner schools throughout the United States; they may assume the provision for the poor;

they may undertake the regulation of all roads other than post roads; in short, everything from the highest object of state legislation down to the most minute object of police would be thrown under the power of Congress.

James madison

1791 Floor House of Rep “codfish” Debate

When all government, domestic and foreign, in little as in great things, shall be drawn to Washington as the center of all power, it will render powerless the checks provided of one government on another.

If the states look with apathy on this silent descent of their government into the gulf which is to swallow all, we have only to weep.

Thomas Jefferson

Founding Father

I consider the foundation of the Constitution as laid on this ground that ‘all powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states or to the people’.

To take a single step beyond the boundaries thus specially drawn around the powers of Congress is to take possession of a boundless field of [federal] power, no longer susceptible of anv definition.

Thomas Jefferson

RE: The Tenth Amendment

Eighteen Enumerated Powers of Congress

Article I, Section 8 of the US Constitution

1) The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States

2) To borrow on the credit of the United States

3) To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes

4) To establish a uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States

5) To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures

6) To provide for the Punishment of counterfeiting the Securities and current Coin of the United States

7) To establish Post Offices and Post Roads


8) To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries


9) To constitute Tribunals inferior to the supreme Court

10) To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations

11) To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water

12) To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years

13) To provide and maintain a Navy

14) To make Rules for the Government and Regulation of the land and naval Forces

15) To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions

16) To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress

17) To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings

18) To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof

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