FEDERALISM IN AMERICA

What is Federalism?
Federalism is a system of government in
which sovereignty is shared between two
or more levels of government, so that on
some matters the national government is
supreme and on others the states,
regions, or provincial governments are
supreme.
Derived from Latin word Foedus referring
to the lasting voluntary association of
equals, where the voluntary association is
replaced by government units .
Origin of Federalism in
America
As the Great political experiment , by the
founding fathers
Confederation constitution till 1789 of the 13
colonies , with majority power in hands of
states .
The debate of the Federalist v. Antifederalist
on the power sharing between the federal
and the state , leading to the origin of
Federalism
Constitution articles and the addition of the
Bill of Rights in 1791 proving the Framework
for the Dual Federalism .
Four principles of
Federalism
Consensus ( decision based on the same
American principles as the rule of law ,
individualism )
Cooperation ( transaction tax on online
shopping among center and the states,
building of highways across states are
examples )
Conflict ( on the issue of same sex marriage
, Union v. states)
Chaos ( question of euthanasia with different
states fooling different rule despite same
guidelines Oregon yes Florida -No)
Changing form of Federalism in
America
Dual federalism in America from 1789 -1901
McCulloch v. Maryland , 1819 settled the
question of national supremacy for a time.
Justice Marshall's interpretation of the
Constitution was premised on the notion that the
national government was the creation of the
people and not the states .
Gibbons v. Ogden , 1824 case in favor of
Congress
Doctrine of nullification by States forming one of
the factors for secession of Southern states
Civil War settled the question of the secession of
the states leading to a stronger union .
Cooperative Federalism
From dual federalism to cooperative
federalism in the 1930s starting with
the New Deal of the Franklin Roosevelt
era
There were several cases which
strengthened federal governments
position such as Brown v. Board of
Education 1954 desegregating schools
Great society by Lyndon B. Johnson
with Federal government involvement
New Federalism
The change in Federal structure is to seen from
the 1970s includes the Nixon introduction of New
Federalism and more elaborate during Reagan
era calling for the states rights movement
popularly called the Devolution Revolution, and
revision to the power of the states that the polices
are region specific depending on the needs and
not controlled by the Washington DC .
Newt Ginrich Congress passed Personal
responsibility and work opportunity Reconciliation
Act, 1996 (welfare responsibility to states also
states better at managing welfare issue).
 Contemporary Federalism
There has not only been change in the
congress or movement but also the judiciary
which is the guarantor of the Federalism
along with constitution.
Cases are:
Gregory v. Ashcroft 1991: age discrimination
unemployment, does not interfere with the
state mandatory retirement laws.
Printz v. United Sates 1997: State conducted
background check in compliance to Brady gun
law as void.
President George Bush tenure in favor of the
Increased bipartisanship as
Federal dependence on the states
referring to current period as
period of Devolution
Period of confrontation during
Obama years
Affordable Health care Act case
in 2012 reflecting tilt towards the
state ,Marijuana legislation where
the states have to decide .
Selected Works Referred

Bailey, B. E. (2000). Federalism: An antidote to Congress's separation

of power and anxiety. Indiana Law Journal, 75(1).
Gerston, L. N. (2007). American Federalism A Concise Introduction.
New York: M.E Sharpe INC.
Pole, J. (2005). The Federalist : Alexander Hamilton ,James Madison ,
John Jay. Indianapolis: Hackett Publishing.
Somin, I. (2017, January 19). Obamas constitutional legacy. Retrieved
February 8, 2017, from Washington Post:
https://www.washingtonpost.com/news/volokh-
conspiracy/wp/2017/01/19/obamas-constitutional-legacy/
McCloskey, R. S. (2010). "George Bush and No Child Left Behind: A
Federalist Perspective." Inquiries Journal/Student Pulse, 2(06).
Retrieved from https://www.inquiriesjournal.com/a?id=258