Unit 15

The Nature and Sources of

American Federalism
 Federalism as a concept
The term federalism describes a system of the
government in which sovereignty is constitutionally
divided between:
- a central governing authority and
- constituent political units (like states or
provinces).

The power to govern is shared between the

national and state governments, creating what is
often called a federation.
 Federal systems in Europe
Several Federal systems exist in Europe,
such as in
- Switzerland,
- Austria,
- Germany
and Belgium

Die Bundesrepublik Deutschland

Read the text on federalism and make notes
/think of key words – PART I
Federalism is a basic structural feature of
the American political system that has
generated a great deal of conflict throughout
American political history.
Federalism involves multiple layers of
government with shared powers amongst
them and powers unique to each of the
levels of the government.
Read the text on federalism and make notes
/think of key words – PART II
The three basic levels of American federalism are the
national or federal government, the states, and the local
governments (counties, cities, townships).
Whereas most political systems of the world are unitary
systems (one central government with local administrative
branches taking direction from it), the American system is a
system of divided government. This reflects the desire for
limited government of the Founders.

Consult also the following source of the US Governement:

http://usgovinfo.about.com/od/rightsandfreedoms/a/federalism.htm
 Complete the following statements.

1. Federalism is based on multiple _________ and on the

___________ between states and nation.

2. American federalism can be divided into three different

_________. These are_________, __________ and
____________.

3. The basic structure of unitary political systems is

_____________________.

4. The American system can be described as a system of

____________________.
 KEY: the statements federalism

1. Federalism is based on multiple layers of government

and on the shared powers between states and nation.

2. American federalism can be divided into three different

levels. These are national or federal government, the
states, and the local governments.

3. The basic structure of unitary political systems is one

central government with local administrative branches.

4. The American system can be described as a system of

divided government.
 Sources of American federalism

1.The tenth amendment of the Constitution

1.The fourteenth amendment

1.The grant of unique powers of various levels

of government under the Constitution.

4. Numerous Supreme Court decisions (e.g.,

McCulloch v. Maryland in 1819, financial powers
of central and state banks).
The importance of the Tenth Amendment of the
Constitution of the USA

The Tenth Amendment of 1791

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.
 POWER* - collocations

1. the exercise of power by...

2. the division of power between...
3. the allocation of powers... / to allocate power to...
4. the power to do something...
5. to delegate powers to somebody
6. to give powers to somebody

*power = ovlast
a) Translate into Croatian.
b) Write sentence examples with those collocations.
 Allocation of powers* on three levels…

1. Exclusively national/federal powers

2. Exclusively state powers
3. Concurrent powers
 Allocation of powers - national level…
- To make treaties / enter into international
agreements
- To decide about declaring war / peace
- To run a uniform monetary system (to coin
money)
- To establish an army and navy
- To regulate commerce between states and
international trade
- To establish post offices and issue postage
- To make laws necessary to enforce the
Constitution
 Allocation of powers - state level…
- In accordance with the 10th Amendment –
→ all powers not delegated to the federal level
Establish local governments
Issue licences (driver, hunting, marriage, etc.)
Regulate intrastate (within the state) commerce
Conduct elections
Ratify amendments to the U.S. Constitution
Provide for public health and safety
Exercise powers neither delegated to the national
government or prohibited from the states by the
U.S.Constitution (For example, setting legal drinking and
smoking ages.)
Allocation of powers – concurrent powers…
Setting up courts
Creating and collecting taxes
Building highways
Borrowing money
Making and enforcing laws
Chartering banks and corporations
Spending money for the betterment of the general
welfare
Taking (condemning) private property with just
compensation
Related
 The Virginia Plan (May, 1787)
(proposed by Virginia delegates)

James Madison (1751 - 1836) drafted a proposal

while he was waiting for a quorum to assemble at
the Constitutional Convention (also called
Philadelphia Convention).

The proposal - a conception of a strong national

government. → The so-called Virginia plan -
introduced on May 29 1787 by Madison’s colleague
Edmund Randolph (also known as Randolph Plan).
The plan provided for a two-house legislature
with proportional representation in both
houses, an executive elected by congress, a
national judiciary, and congressional veto over
state laws.

It gave Congress the broad power to legislate "in

all cases to which the separate states are
incompetent".

Had the Virginia plan been adopted intact, it

would have created a government in which
national authority remained unchallenged and
state power was greatly diminished
 The New Jersey plan (June, 1787)
The New Jersey Plan (also known as the Small
State Plan or Paterson Plan) - a proposal for the
structure of the US Government proposed by W.
Paterson at the Philadelphia Convention on June
15, 1787.
created in response to the Virginia Plan (two
houses of Congress, both elected with proportional
representation)
The less populous states were opposed to giving
most of the control of the national government to
the larger states
proposed an alternate plan that would have given
one vote per state for equal representation under
one legislative body. This was a compromise for the
issue of the houses.
The convention placed primary responsibility for
the conduct of foreign affairs in the hands of the
president, who was also designated
commander-in-chief of the armed forces.

The final document of the Constitution still showed

signs of its origins in the Virginia plan, but
compromises had created a system of government
less powerful at the national level than Madison
and Randolph had envisioned.
 Read the text, p. 65 and answer the following
questions.

1. What was the main question that the authors of the US

Constitution were discussing about when working on it?
2. What kind of government was foreseen by the Virginia
plan?
3. What has always been the problem of small states?
4. What was a good solution according to the supporters of
the New Jersey Plan?
5. What was the result of the work of the Constitutional
Convention?
6. Explain the importance of the term “federalism” in the US
Constitution.
 Questions – PART II

7. What were the causes of the American civil war?

8. Which definition of American federalism is given in the
book?
9. What was one of the main concerns of the Constitutional
Convention?
10. Describe the pattern of allocation of powers. Which three
forms of power can be distinguished?
11. Which are the examples of national or federal power?
12. How are state powers defined?
13. What is meant by concurrent powers?
14. Give examples for concurrent powers?