The Federal System in the United States Module 2.1: Federal Systems

The Basic Idea of Federalism Mutual consent-based model of organizing and interpreting power Multiple simultaneous governments –share and exert power over citizens Balance multiple enduring potential factions –Distinct sources of representation among elected officials –Public participation in all levels of government Relatively uncommon political arrangement E.g. Nigeria, Brazil, Mexico, India, The USA

Federal Systems Visualized Sovereignty may rest with –With Citizens –With Member States –With Central Government –All three Citizens elect state governments State governments shape and administer policy over citizens Citizens and states share power to elect central government Central government shapes and administers policy –Over states –Over citizens In this way states and central government share power About 2 dozen countries in the world are federal systems Citizens State CState BState A Central Government

Classes of Power in Federal Systems Classes of power –Enumerated Express –Article 1 section 8, clauses 1-17, Amendment 16 Implied –Article 1 section 8, clause 18 –Concurrent compare federal constitution with state constitutions –Reserved Amendment 10, 21 –Denied (or prohibited) To central government –: Article 1.9, Amendments 1-8,13,15,19,24,26,27 To member states –Article 1.10, Amendments 13-15,19,24,26

Political Relations in a Federal System Vertical –Central government to states –Central government to citizens –States to citizens Horizontal –State to state –Citizen to citizen State A Central (Federal) Government State CState B Citizens

Central Issues in Federal Systems Vertical issues –If central and state governments share power, where does one end and the other begin? Made more difficult when implied powers are involved Principal cause of the US Civil War ( ) –If citizens and states share power to choose the central government, how do they? –If citizens and states do not share power to choose central government, how can central government legitimately exert power over states? Horizontal issues –If citizens and states are considered partners under the central government, can a citizen of one state petition for redress from another state? –If full faith and credit is given by each state to each state, what happens when the laws of two states conflict? Which law prevails?

Test Case The “Great Tree of Peace” –Roots feed the trunk Citizens choose nation leaders according to their custom Member nations appoint delegates (called “Confederate Lords”) to central council –Roots spread out Other nations may join if they choose, but do not sit at the central government unless they are directly affected by decisions Distribution of power –By function Two pairs of nations’ delegates form ‘houses’ Fifth nation’s delegates has veto power –By area of policy ‘house’ membership depends on the issue deliberated –Domestic peace –Foreign diplomacy –War and defense –Government affairs –Constitutional affairs –Affairs unique to member nations are addressed by member nations alone Question: Is this a Federal System? Nation A Nation B Nation C Nation D Nation E Citizens Allied nations & secondary members