Federalism is the process where two or more governments share powers in a specific geographical area. As such, in the United States, the Constitution gives power to both governments, that is, the US government and the State governments (McIntosh 2018). The founders of Federalism include James Madison, Alexander Hamilton, and George Washington. The founders of federalism had several reasons for creating a federalist government and the reasons include: to avoid tyranny, allowing more involvement in politics, and using the states as a trial for new ideas and programs.
Federalism in the US has evolved from the time it was founded to the present day. The major types of federalism that dominate the political theory in the US include dual federalism and cooperative federalism, and the new federalism. In dual federalism, both the state and the federal government have their responsibilities, but the federal government powers are limited by the Constitution (Lumen Learning, 2018). The second is the cooperative federalism where the state, national, and the local governments interact together and cooperatively to solve common problems. As a result, cooperative federalism affirms that the national government is supreme over the state’s government. The third is the new federalism which approves the state to regain some powers as they identify the national or the federal government as the top power of the government. Also, the new federalism is focused on the idea that decentralization of policies improves policy outcomes, enhances administrative efficiency, and overall public spending.
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Besides they were factors that also contributed to the emergence of the conception of federalism. Firstly, the numerous Supreme Court rulings, that had obstructed both attempts from the federal government and the state governments to go outside their jurisdictional boundaries. The second was the prevailing economic philosophy that had interfered in the process of industrial development in the United States (Lumen Learning, 2018). However, industrialization had already transformed the socio-economic setting in the United States, and it has affected the concentration of market power. Also, the national regulatory system was not in-place during that period for ensuring that there is fairness in market prices. To curtail the extensive anticompetitive practices in the industry, the Congress passed the Interstate Commerce Act in 1887. Therefore, this Act later created the Interstate Commerce Commission which later was extended by the Sherman Antitrust Act and this assured that it made it illegal to monopolize and even restrain commerce. Subsequently, during the early stages of industrial capitalism, the federal regulations were much concentrated on supporting market competition than addressing the social disorders that resulted from market operations.
During the Great Depression in 1930, the economy faced hardships. However, the period of cooperative federalism led to the involvement of gradual contribution and incursion of the national authority into the jurisdiction domain of the states and the development of the national government’s power in separate policy areas (Lumen Learning, 2018). Consequently, the Supreme Court ruled that the National Labor Relations Act of 1935 constitutional and depicts that Congress can use its authority to regulate the labor-management relations and manufacturing activities. As such, before the Great Depression, the national government had presented little support in social benefits, economic rights, and financial aids. Moreover, after the New Deal, the national government extended agricultural subsidies, unemployment insurance, protection in organizing the workplace, social security, and other public services (Lumen Learning, 2018). Also, during the era of cooperative federalism in 1960 President Lyndon Johnson’s administration stretched out the national government’s role in society by creating school nutrition programs, Medicare and also Medicaid.
In addition, the federal government also formed the Clean Air Act in 1965, the Highway Safety Act, and the Packaging and Labeling Act in 1966, and these helped to encourage consumer and environmental protection. Besides, the federal government also created the Higher Education Act, The Elementary and Secondary Education Act, and the Headstart Preschool program in 1965. Therefore, these programs were formed so as to grow education equality and also opportunities in society. Consequently, the federal government agreed to pass the laws in order to support public housing development, affordable housing, and even promoting urban renewal. Besides all these, the Civil Rights Act in 1964 and the Voting Rights Act of 1965 provided the federal government with effective tools to endorse civil rights equality in the United States.
As a result, cooperative federalism brought out lasting features on federalism in the United States and these included, the nationalization of politics arose because of the federal legislative activism that targeted at addressing national problems like poverty, political, and social inequality (Lumen Learning, 2018). However, this process of nationalization expanded the size of the federal government. Also, the other feature is the flexibility that the local and the states governments were provided in the enactment of federal social welfare programs. The New Federalism is mainly based on the political philosophy of devolution thus; it is the transfer of powers from the federal government to the states. As such, President Ronald Regan was mostly associated with federalism, and when he took office, the relationship between the state and the federal government was familiar. And so, President Regan administration proposed two major plans, and one was in 1984 where the federal government was to assume all social Medicaid and all the other matters were to be handed over to the state governments under their jurisdiction. The other plan included education, social welfare, transportation, and also, the implementation of funds to pay for the plans to shift to the states.
Subsequently, during the period of President Regan, the local and state governments had more financial and administrative authority. Furthermore, in 1995, the Republicans were in control of the Congress and also had the support of President Clinton (Lumen Learning, 2018). Conversely, due to the support of the president the Republicans made reforms in the relationship between federal and the state government; hence, the states were given more social functions. Due to the results, the Congress passed a law of no funds entrusted reform act and its requirements to the federal government were to find out the type of decree subject to the cost of the decree and the availability of resources. Federalism in the United States has also evolved through constitutional issues. As such, in 1937 the Supreme Court interpreted the power of the Congress and mandated it to use the money for the public welfare and the authority to control commerce among the states largely. This was to ensure that the federal government can meet any social, economic, and also the cultural activity that it decides on.
However, in judicial federalism, the judiciary is mandated to check and also balance the system within the federal government (Lumen Learning, 2018) . However, the 1 st Congress approved the Judiciary Act of 1789 that recognized the subordinate federal courts and also defined the facts of federal court jurisdiction (Lumen Learning, 2018). As a result, Section 25 of the Judiciary Act stipulated the Supreme Court to hear petitions from the state courts and this provision granted the Supreme Court the authority to assess the state court’s verdicts concerning the constitutionality of both the federal and the state government (Lumen Learning, 2018). Consequently, the Supreme Court has continued to review the constitutionality of states and so the Congress and the states have retained their power to influence cases presented to the court. Federalism in the United States has also evolved through the political realignment that was spearheaded by the New Deal. As such, the Democratic Party became the majority party, and the Republican Party was divided.
In contrast, conservatives were opposing the New Deal as the enemy it as their enemy in business and growth while the liberals were in good terms with the New Deal but also promised to make it more reliable (Hao 2015). Subsequently, this political realignment formed into the New Deal Coalition that mostly dominated presidential elections in1960, and while the opposition Conservative Coalition broadly organized Congress. In addition, the realignment characterized an important change in domestic and political policies. Thus, it led to the increased federal regulation of the economy and also marked the beginning of complex social programs and the growing powers of the labor unions. As a result, the New Deal continued being a source of disagreement and debate among historians and also the economists in the United States. These actions and policies assumed portray the evolution of federalism in the US. In conclusion, federalism in the United States had turned out as the founders had intended since it has allowed more participation in politics and also helped in avoiding tyranny.
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References
Hao, S. (2015). Evolution of American Federalism. ICEMCT 2015 .
Lumen Learning. (2018). The Evolution of American Federalism . Retrieved from https://courses.lumenlearning.com/amgovernment/chapter/the-evolution-of-american- federalism/
McIntosh, M. (2018, February 24). A History of Federalism in the United States . Retrieved from https://brewminate.com/a-history-of-federalism-in-the-united-states/
