Local government lecture I 22.01.

2020

Federalism is constitutional arrangement in which power distributed between central

government and state governments. This system create autonomous governments each able
to act directly on behalf of people with granted authority. In federacy, there exusts political units
which in case of US for example are states. There is some power distributed some relates to
central govt. Some relates to state governments. Federal government system gives sovereignty
to both in some cases it gives to national government, in some cases it gives to states. National
government is always supreme. At the same time, state governments have sovereignty on some
issues. So, power is divided between these 2 actors. It means state and local governments
can make some autonomous decisions on the issues in which they have sovereignty without
discussion with central government. The U.S was the first country in the world which created
federal system at the end of 18th century. Brazil, US, Canada, Australia, Russia, Germany, India
are federal governments.
How Constutional framework of US federal system works? National government ( White House,
Congress, Supreme Court) has only those powers given to them by constitution only exception
is inherited power which refers to foreign affairs. Within those cases, which is refered to national
government by the constiturion, nstional government is supreme. So whatever decision it makes
they have to accept it without discussion.
State governments have the power not delegated to the national government. So, constitytion of
the U.S divides. So there are some powers given by the constitution to the national government
and all the powers not given to national government are going to the state government. There
are 2 levels of governance in the us: national governance and state governance. Powers of the
national government includes: 1) delegated or expressed powers. Why expressed? Because
they are expressively mentioned in the constitution. They are called delegated or expressed
power. These are powers given to 3xplicitly to the national government and listed in the
constitution. For example, judicial power, executive power, legislative power. Another example
of power which is delegated or expressed power of the national government is to regulate
interstate commerce. 2) implied power- whatever power the national government needs in
order to be able to carry delegated powers are implied powers. For example, creating banks,
they consider that only national government has power to create a bank because this is the
power they need to fulfill delegated power. 3) inherited power-this refers to foreign affairs. Only
national government is able to fulfill to do foreign affairs jobs. States cannot be involved in any
diplomatic discussions, foreign affairs with foreign countries. Only the national government
can do foreign affairs job for the country. These powers are mentioned in the constitution.
Only implied power is not mentioned in the constitytion initially. But because of that they have
necessary clause which gives right to national government to fulfill implied power. Beyond
those 3 powers of the national government there are 4 issues in which national government has
absolutely supremacy over the states:
1. Supremacy clause- in any case for example at the court, any law which state would like to
undertake, if this law is conflicting with exusting state laws , state law is supreme.
2. World power- the power to use army and to declare war.
3. Commerce clause- only national government can regulate any kind of commerce or other
business between states.
4. Power to tax and spend- in US, both state and national government can tax. But there
are special tax lines which only refers to national government. Tax system in US is very
complicated. There are some taxes that are taxed by national government which at the end
goes to budget of national government and create fede also there are taxes collected by the
states.
Powers of the State: powers that are refered to state governments by constitution goes
not to national government. The powers that are not granted to national government by the
constitution, goes to the state. Thats why they are called as reserved powers. There are powers
not delegated by the constitution to the national government. These are reserved powers and
they are the powers of the state. For example, to create schools, to create and manage local
government, issue license, regulate business within the state, but when the business is growing
up, for example if it works in different states, it is regulsted by state legislation, becomes not
interstated. There are also shared powers between states and national government such as
regulate taxes, build school, road, Establish couts, enforce laws.
Advantages of federal system: (pptden oxuyur)
1) federal system allows to recognize local interests and governance and make policies and
laws to the local interests and differences.
2. Federal system prevents secession.
3. Allows and make state policies and management is more flexible. Promotes competition.
When the countries are too big, people feel themselved little bit seperated from government.
For example, ryssia is huge country. If there is no local government and exists onyl one central
government which is far sway. Sometimes it may be look not real to people and may affect
political participation of people. So federal system of government enhances participation of
local people, represemtation. So each part of country can be represented on the higher level.
Disadvantages:
1.They can have issues in policirs since thry are not uniform Different states have different
policies ühich may lead to inefficiency if states undertake very different decisions.
2. This division may make it diffeicult to react nation wide problem. Because each state has
particular laws regulating issues. This may allow local powers to exist. For example, in each
state there could be very powerful or interested people which will lobby their interests at the
national government. So, not being uniform may lead to conflict. There are some cases in which
different states were against each other at the court. It leads to weaker government.
Centralist: federation has been developed.
People think that national government should be strong and some people think that state
government should be strong. One of them is centralist and another one is decentralist. During
the history of the US, sometimes centralists were in power, at that time nstional government
was becoming strong. Over some period of time, decentralist came to power and states
got more power. Some national governments power given to states. The centralist position-
president Abraham Lincoln, Teodor Russvelt, and others who had centralist positions. Supreme
court and congress always took the decisions in favor of national government. Centralist
says that states serve interests only of some people, while national government serves entire
nation. This is one of theit strongest argument they have. Also they say that not states created
national government, but the people created it. Decentralist argue that states created national
government and state gave its some power to the national government in order to be managed
in the best way. Thomas Jefferson was in the decentralist position.

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