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The Framers desired both external and internal controls to keep the government from becoming tyrannical. |
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Federalism limits national power externally by creating two sovereigns: national government and state governments, thereby restraining the power of both. |
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Separation of Powers divides government internally against itself, giving different branches separate functions and forcing them to share power. |
| 1) Federalism and Separation of Powers as Political Institutions |
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The jurisdictional arrangements help encourage diversity in political actors and allocate different aspects of policy to different institutional arenas. |
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The institutions have adapted over time to meet the changing needs of political actors |
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| 2) Who Does What?: Stability and Change in the Federal Framework |
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Constitutional Bases for Federalism include the "necessary and proper" clause, the 10th Amendment, "full faith and credit" clause, and "privileges and immunities" clause. |
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Under the traditional system of Federalism, which lasted from 1789 to 1937, the national government limited itself primarily to promoting commerce, while the state governments directly coerced citizens. |
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After 1937, the national government began to expand, yet the states maintained most of their traditional powers. This is known as "Cooperative Federalism", where federal grants-in-aid influence state decisions. |
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Regulated Federalism and National Standards reflect a general shift toward federal social regulation, where "strings" are attached to federal monies. Money is sometimes withheld until a state complies with national guidelines (seat belt laws, drinking age, and speed limits.) |
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There is a tug-of-war for power, with the states and federal government struggling for influence at certain times, but working cooperatively toward common goals at other times. The Supreme Court often serves as the referee. |
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| 3) The Separation of Powers |
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Separation of Powers divides power among the executive, legislative, and judicial branches, while checks and balances ensure the sharing of power among the separate institutions of government. |
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Within the system of separated powers, the framers provided for legislative supremacy, because Congress is the branch closest to the people. Congress, in turn, is divided against itself with the two chambers. |
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Examples of checks include vetoes, veto overrides, impeachments, appointments and confirmations, and judicial review |
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Periods of divided partisan control of government tend to heighten the conflict between the branches of government. |
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| 4) Altering the Balance of Power: What are the Consequences? |
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Federalism and Separation of Powers (along with individual rights) are the most important principles upon which our government is based. |
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Devolution allows programs to become highly variable, which can be virtuous in allowing experimentation and improvement, but can also be dangerous in producing gross inequities in services. |
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Checks and balances have worked very well, even though at times conflicts have produced gridlock. |
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