PROJECT WORK ON

CONSTITUTIONAL LAW - III

TRIMESTER-V

SYNOPSIS OF

Evolution of American Federalism Through the American Civil

War

Submitted to: Submitted by:

Prof. Kuldeep Kaur Aparajita Marwah
(LL.B (HONS)) (UNIVERSITY OF LONDON) 2017BALLB80
AND BAR FINALS (LINCOLN’S INN)
(BARRISTER-AT-LAW)
Abstract:
Federalism has evolved over the course of American history. At different points in time, the
balance and boundaries between the national and state government have changed substantially.
The experience of the Civil War compelled citizens to make significant changes in the structure
of American federalism, but these changes emerged in unexpected and often unlikely ways.
Secession itself posed a direct challenge to the very idea of a federal union, and the repudiation
of secession enshrined both the permanence of the federal union and the supremacy of the
nation-state.
Introduction:
The Civil War is the central event in America's historical consciousness. While the Revolution of
1776-1783 created the United States, the Civil War of 1861-1865 determined what kind of nation
it would be. The war resolved two fundamental questions left unresolved by the revolution:
whether the United States was to be a dissolvable confederation of sovereign states or an
indivisible nation with a sovereign national government; and whether this nation, born of a
declaration that all men were created with an equal right to liberty, would continue to exist as the
largest slaveholding country in the world. Northern victory in the war preserved the United
States as one nation and ended the institution of slavery that had divided the country from its
beginning. This victory paved the way for the development of ideals of a free world, such as
equality, rights, freedoms, liberty as well as federalism.
Federalism in the United States is the constitutional division of power between U.S. state
governments and the federal government of the United States. Since the founding of the country,
and particularly with the end of the American Civil War, power shifted away from the states and
towards the national government. The progression of federalism includes dual, state-centered,
and new federalism.
While Federalism may have sprung as an individual concept, it has branched out into various
interpretations each based on various evnts shaping it. Some noteworthy influences include the
Great Depression and the New Deal. Apart from the historical events another essential source is
the various personalities that have promulgated and further elaborated upon the concept, these
include the various presidents, leaders, lawmakers, authors, jurists etc.

Literature Review:
Varied works by authors such as Jonathan Atkins, Stanley Elkins and Eric McKitrick, Michael
Kramer, Kyle Sinisi, etc. have been referred to understand the evolution of American
Federalism. A few case-laws, articles have also been referred to understand A few case-laws,
articles have also been referred to understand the concept and its global growth in greater depth.
For this purpose, various reports, blog posts by Centre of Study for Federalism among many
others have been taken into consideration.
Objectives:
 To study and understand the scope of American Federalism.
 To analyze the development of the concept prior to and post the American Civil War.
 To study and understand the Contribution of American Federalism in development of
Federalism is various legal and political systems.
 To assess the influence of various Policy Changes, Presidents, phenomenon (such as the
great depression, the new deal, the Federalist Movement etc.), Case Laws, Jurist
Opinions etc. on the growth of the concept.
 To understand and study the development of federal courts alongside federalism.

Hypotheses:
The American Federalism developed as concept throughout American history and has acted as
the launch-pad for the concept to be adopted in various jurisdictions worldwide. It is
hypothesized that while the concept as a whole has been influence by the history of the nation,
the major portion of development of American Federalism has been after the occurrence of the
American Civil War.

Limitations:
The research will be focused and directed in understanding the various facets of American
Federalism and its development throughout American History, with prime focus on the
American Civil War among other events which have shaped the history of the country, such as
the various policy changes proposed by the different Presidents of the United States.The project
also has relied upon case law, interpretations of the American Supreme Court, articles, jurist
opinions, etc.

Methodology and methods:

The research methodology used in the research would be doctrinal approach, which is also
known as traditional methodology. It will include with data collection, analysis of the data
collected and subsequent conclusion or finding arrived at. This research is primarily descriptive
and analytical in nature. Primary, Secondary and Electronic resources have been avidly used to
gather information about the topic. No field work or statistical data collection has been done. The
Doctrinal method of research has been adopted for the research.