Main Characteristics

Political Studies: Edexcel A Level, topic 12.3.1

Nature and Basis of US Federalism

Federalism is the sharing of sovereignty between the individual states and the central government.

The US has a federal government, which makes laws that apply to all of the states, territories and the District of Columbia (where Washington, DC is), and 50 states with individual governments.

States have different histories, politics and cultures.
States were incorporated into the Union at different times — there were originally 13 states, which expanded to the current 50.
States' rights keep the individual cultures and histories of the states alive, meaning that each of the 50 states continues to have different characteristics today.

There are 50 states, all of which have their own governments with executive, legislative and judicial branches.
The executive branch is run by a Governor, who is democratically elected.
The Governor is responsible for the implementation of state laws and running the executive branch.
Many cities and towns also have elected governments.

The Tenth Amendment of the US Constitution establishes the reservation of powers: 'The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people'.
This means the federal government cannot act in ways not permitted by the Constitution.

There have been several different periods of federalism in US history, including Dual, Cooperative and New Federalism.

This was the period between the founding of the USA as a republic (1780s) up until the 1920s and 1930s.
States had strong rights, and so the President and federal government were much less powerful.
The government had power that was clearly defined and limited.

Cooperative Federalism was a period from the 1930s to the 1960s when the federal government's powers over the states increased.
New executive departments were created with power over specific policy areas — Defense and Transportation, for example.
Categorical grants with specific purposes were increased, specifying what the money had to be spent on.

New Federalism is a movement of power back to the states from the central government, which took place from the 1970s to the 1990s.
Republican presidents, particularly Nixon and Reagan, have been most responsible for this movement.
For example, 'block grants' are given to states with broad purposes and fewer restrictions, giving states greater flexibility over spending.

Under Barack Obama the federal government's power increased.
Healthcare is one of the most important examples: the Affordable Care Act (2010) changed how people purchased health insurance and mandated that most individuals obtained coverage.
Previously, much healthcare policy had been left to individual states.
States were allowed to choose their own policy directions, such as the legalisation of cannabis, but largely where this aligned with the aims of the Obama administration.

Which amendment to the Constitution outlines the powers of states?
Which period of federalism took place from the founding of the US republic up to the 1920s and 1930s?