Federalism
Federalism refers to a form of political organization, in which separate polities or states in an overreaching political area are united in a system that allows the states' integrity and sovereignty. In essence, federalism is a compound form of government which combines various governments within a region, territory, state, or province to form a single political system (Legal Information Institute, (b) 2020). The US is a federal government formed through a combination of sovereign states. Under the Articles of Confederation, the state governments held more power as compared to the federal government. However, the Constitution grants more powers to the federal government. Under the Articles of Confederation, the states have sovereignty, while under the Constitution, both the national and state governments have sovereignty. The Articles of Confederation thus protect the sovereignty of the states. The US Constitution defines the lines of power between the federal government and the state governments. The Constitution stipulates the role of the federal government, regulating commerce across foreign states and defining state sovereignty.
Expansion of Federal Powers
Since its formation in 1789, the US Federal government has continued to expand its roles. Since the era of the Civil War, the US federal government's powers have grown tremendously (Legal Information Institute (a), 2020). Legislative actions between the Congress and the state governments have contributed to the changes in power that are witnessed in the modern era. In the accumulation of these powers, the federal government has found itself in legal rifts with state governments, whereby the US Supreme Court decided most of these cases. Various constitutional amendments have, over the years, helped in increased federal powers. The Tenth Amendment, for instance, through the due process and equal protection clauses, helped in increasing federal power. Constitutional interpretations also help in growing federal powers. The US Constitution, through the understanding of Article 1, Section 8, granted the federal government powers to control commerce with foreign countries. In the Supreme Court case, "Gibbons versus Ogden, 22 US 1 (1824)," the court declared that the federal government regulates all trading activities between the states and other foreign nations (Legal Information Institute (a), 2020, paragraph 4). The elastic clause also allows the federal government to act in times that require changes from the government's normal conditions. Congress can, therefore, pass laws affecting states to ensure the country prospers in various situations. Through constitutional changes, the federal government has the powers to dictate how states shall use grants offered to them. Hence the federal government has gained its powers through legal interpretations and amendments in the Constitution.
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Role of Supreme Court decisions in Power Devolution
The US Supreme Court has, over the years, played a crucial role in ensuring devolution. Through the various court rulings, the court has provided the federal government does not take the sovereignty of the state governments. The Supreme Court is granted different powers like the Judicial Review powers, enabling it to interpret the constitution, outlawing all the decisions and rulings going against its verdict. The Supreme Court, therefore, has control over the dominance of the federal government. For instance, the 10th amendment provided states with distinct powers, which the Supreme Court has upheld over the years. Devolution issues are currently covered under the Supreme Court, with the Constitution Reform Act of 2005 transferring these powers to the court (House of Commons Library, 2016). Politicians are therefore limited from poor interpretation and exercise of unauthorized powers over the states.
References
House of Commons Library, (2016). The Supreme Court on Devolution. Briefing Paper. https://www.open.edu/openlearn/ocw/pluginfile.php/989910/mod_resource/content/4/CBP-7670.pdf
Legal Information Institute (a), (2020). Commerce Clause. Cornell Law School. https://www.law.cornell.edu/wex/commerce_clause
Legal Information Institute (b), (2020). Federalism. Cornell Law School. https://www.law.cornell.edu/wex/federalism
