Narajole Raj College

Study Notes : Subject – Political Science (CC), 4th Sem, C8T

Chapter : VI Federalism : Historical Concept of Federation and

Confederation, Debates around territorial division of Power

Compiled and Circulated by : Rajasree Debnath, Associate Professor,

Dept. of Political Science
Federalism: The term “Federalism” is derived from the Latin word
‘foedus’ meaning compact, covenant, agreement.

It is most commonly used to denote an organizational principle of a political

system, emphasizing both vertical power-sharing across different levels of
governance (centre-region) and at the same time, the integration of different
territorial and socio-economic unit, cultural and ethnic groups in a single
polity.

Federal political system are often viewed as combining ‘unity with diversity’
Federal political systems come in different forms : i) ‘from below’ through the
consent of the constituent units such as, in the United States of America and
Switzerland etc. and ii) ‘from above’ through imposition from the ‘centre’ or
outside forces like Germany after the Second World War, post-Franco Spain or
Belgium etc.
Historical Concept of Federalism: In the early seventeenth century, an initial
concept of federalism was conceived by Johannes Althusius in direct contrast to
Jean Bodin’s theory of absolute sovereignty ( for which unitary Government is an
inevitable element). Althusius advocated a multi-layer polity with family and
kinship, guilds and states. He is regarded as the “Father of modern Federal Pol.
Thought.
The modern concept of federalism was originated from the theory of Separation
of Powers by Montesquieu. The USA federal system is considered as the first
modern federal government (1789) but it was neither planned nor having any
structure defined by the constitution. In fact, the structure of American federal
system has evolved over a period of time as a result of the Supreme Court’s
interpretation of the provisions of the constitution dealing with federal and state
power.
 According to eminent political analyst Eugene Boyd, American federalism have
been shaped for a long time and as the outcome of the interactions of
different issues and events.

i) Pre- Federalism period - 1775-1789, ) Pre- Federalism period - 1775-1789,

ii) Dual Federalism - 1789-1865,

, iii) Dual Federalism Part II - 1865-1901

iv) Co-operative Federalism - 1901-1960,

v) Creative Federalism - 1960 - 1968,

vi) Contemporary Federalism - 1970-1997, and

vii) Progressive Federalism – 2009 - present

Confederation: Confederation is a union of groups of states where the
central government is weak but the state governments are strong. In a
confederation , the state or local government enjoy supreme power or
sovereignty whereas the national government only wields power granted
by the states. Even most of the confederations have allowed the local
governments to nullify a federal law within its own territory.
Commonwealth of independent states, union state, European union are
the examples of present confederation.
Most of the confederations gradually turned into federations , Swiss Cantons
turned into Switzerland, Modern German Federation preceded by German
confederation, Articles of Confederations (1781 -89) gave birth to the
constitution of United States
 Differences between the Confederation and Federalism

Confederation Federalism
1. Confederations are voluntary 1.Federation of States is formed when
associations of independent a group of states united /motivated by
states. political, economic or cultural issues.
2. The states are united to secure 2.Regional similarity or uniqueness is
common interest. often act as a guiding force to form
federalism.
3. Units of confederations are 3.Units or States of Federalism do not
agreed to certain limitations on enjoy sovereignty.
their freedom of action.
4. States under confederation are 4.Central or national government acts
bound to consult with others as the machinery to implement
before taking decision. important policies or to supervise joint
activities.
5. Confederation allows its units to 5.Both central and state governments
maintain Defence and Foreign enjoy independent areas of
policy independently. administration.
6. Confederations often turn 6. Units of Federalism are bonded
Into Federations. By written constitution.
 Debates around territorial division of power

The formation and existence of federal political system is depended on the issue of Division
of Power.” Division of Power” between member units and center in Federal political order is
discussed elaborately in ‘Federalism’ (Stanford Encyclopedia). The main issues are as
follows,

How to solve the problem overlapping jurisdiction by the two types of governments,
The issue of maintaining democratic control and finally
Who shall have the authority to revise the constitutionally embedded division of power.
How power should be allocated between member units and the center,

Debates are going on and constructive and scientific debates and discussions can throw
lights on the future of federal political system.

Thank you