Dual federalism

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Dual federalism, also known as layer-cake federalism or divided sovereignty, is a political arrangement in which power is divided between the federal and state governments in clearly defined terms, with state governments exercising those powers accorded to them without interference from the federal government. Dual federalism is defined in contrast to cooperative federalism ("marble-cake federalism"), in which federal and state governments collaborate on policy.

Contents

United States

Constitutional origin

The system of dual/joint federalism in the United States is a product of the backlash against the Articles of Confederation, ratified in 1781, which established a very weak federal government with the powers to declare war, make treaties, and maintain an army. [1] [2] [3] Fueled by Shays' Rebellion and an economy faltering under the inability of the federal government to pay the debt from the American Revolution, a group later known as the Federalists generated support for a strong central government and called for a Constitutional Convention in 1787 to reconsider the Articles.

In 1787, the Convention almost immediately dropped its original purpose of editing the Articles and instead drafted a new Constitution of the United States. Rejecting both confederal and unitary systems, they based the new American government on a new theory of federalism, a system of shared sovereignty that delegates some powers to the federal government and reserves other powers for the states. [4] [5] Among other powers, the federal legislature could now tax citizens and maintain a standing military, and had exclusive power over regulating interstate commerce and coining currency. [3] [6] In addition, while Article Six of the Constitution stipulated that federal law in pursuit of constitutionally assigned ends overrode any contradictory state law, the power of the national government was held in check by the Bill of Rights – particularly the Tenth Amendment, which limited federal governmental powers to only those specified in the Constitution. [7]

Importantly, at the Convention, there was large debate over the structure of the legislative branch, eventually solved by the Connecticut Compromise. In the traditional understanding of the discussion, the larger states proposed the Virginia Plan, which allocated representation to each state proportional to its population. The smaller states, fearing a tyranny of the larger states, propose the New Jersey Plan, which gave each state equal representation in the legislative body. The states' motives for such a debate have been largely understood as a method for ensuring a strong voice in the federal government so as to maintain a desired degree of sovereignty. [8] Further, political scientist Martin Diamond interprets the argument through a federalist vs antifederalist lens, discounting the question of state size. [9] Specifically, he argues that the pure federalism of the New Jersey Plan and the pure nationalism of the Virginia Plan eventually came together to form the system of bicameralism that the framers settled on. However, his theory largely goes against the usual understanding, which some have argued is based on stronger historical evidence. [10]

Powers

  • Exclusive powers of United States Federal Government [ citation needed ]
    • Lay and collect taxes, duties, imposts and excises
    • To pay the debts
    • Provide for the common defense and general welfare of the United States
    • Borrow money
    • Regulate interstate and international commerce
    • Establish immigration and naturalization law
    • Regulate bankruptcies
    • To coin money
    • Establish weights and measures
    • Prosecute counterfeiting
    • Establish a post office and post roads
    • Regulate patents, copyrights, and trademarks
    • Establish inferior courts
    • Regulate cases in admiralty and offences against the laws of nations
    • Declare war
    • Grant letters of marque and reprisal
    • Regulate the capture of prisoners of war
    • Raise an army
    • Maintain a navy
    • Make rules regulating the military
    • Provide for calling forth, regulating, and disciplining the militia
    • Plenary authority over the capital district
    • Regulating the manner of establishing full faith and credit between states
    • Admittance of new states
    • Plenary authority over all territories
  • Exclusive powers of state and local governments [ citation needed ]
    • Regulation of intrastate commerce
    • Conduct elections
    • Ratification of amendments to the U.S. Constitution
    • To exercise powers neither delegated to the national government nor prohibited from the states by the Constitution as per Amendment X
    • Property laws
    • Inheritance laws
    • Commercial laws
    • Banking laws
    • Corporate laws
    • Insurance
    • Family law
    • Morality law
    • Public health
    • Education
    • Land management
    • Criminal Law
    • Elections
    • Local government
    • Licensing
    • Create its own Constitution

19th-century Supreme Court cases

Since the initial division of state and federal powers – collectively, the system of dual federalism – put forth by the Constitution, several seminal court cases have helped further clarify the purview of the federal government. One such case, McCulloch v. Maryland , concerned the constitutionality of a federally chartered bank, which bankers and many legislators in Maryland opposed. [11] Although the ability to charter a bank had not been explicitly granted to the federal government in the Constitution, federalist proponents argued such action as necessary for the federal government to exercise its constitutional power to “tax, borrow, and regulate interstate commerce.” [11] The Supreme Court, in essence, backed Alexander Hamilton's interpretation of the Constitution over Thomas Jefferson. [12] Thus, the bank's legitimacy was ensured by the Necessary and Proper Clause. [11]

A second major case regarding the respective rights of the state and federal government was Gibbons v. Ogden (1824). In 1808, the Fulton-Livingston Company had been granted exclusive steamboat rights by the New York legislature, who in turn had leased ferry rights within a portion of New York to Aaron Ogden. Ogden, citing the monopoly granted to him by the Fulton-Livingstone Company, had successfully prevented Thomas Gibbons from operating a ferry service between Manhattan and New Jersey. [13] Chief Justice Marshall’s majority opinion sided with Gibbons, stating that Ogden's monopoly of the ferry service overstepped states’ ability to regulate trade. While the constitutionality of some aspects implied by the case remained vague, the decision once more reaffirmed the supremacy of federal law and diminished the power of state-sanctioned protectionism. [13]

State challenges to federal supremacy

In the decades before the Civil War, both Northern and Southern states clashed with the national government over perceived overreaches in its power. These conflicts struck at the heart of dual federalism, and reflected a fundamental disagreement about the division of power between the national and state levels. [14] While these political battles were ostensibly solved either through legislative compromise or Supreme Court decisions, the underlying tensions and disagreements about states’ rights would later help set the stage for the Civil War.

South Carolina's nullification doctrine

In 1828, the so-called "Tariff of Abominations" passed the U.S. House. [15] It was meant as a protectionist measure to help the relatively industrialized New England states against international products, but this had grave implications for the largely agrarian South. [16] In protest and spearheaded by Vice President John Calhoun, South Carolina formulated a "nullification doctrine", in effect claiming a state's ability to ignore federal law, and rejected the tariff. [17] The situation became especially serious when President Jackson ordered federal troops into Charleston, though crisis was averted by the drafting of a new tariff to which both sides agreed. [16] The crisis illustrated an example of conflicting ideologies on state and federal power that was not resolved through the courts, but with discussion between elected officials.

Prigg v. Pennsylvania

While some Southern states resisted economic actions of the federal government, several Northern states balked at federal requirements regarding slavery. In 1842, the case of Prigg v. Pennsylvania concerned Edward Prigg, who had been found guilty of kidnapping a former slave residing in Pennsylvania, Margaret Morgan, and her children and bringing them to her former owner in Maryland. Prigg was charged according to Pennsylvania law, which considered such an action a felony, while Prigg argued that he had been duly appointed for the task and was within the bounds of the federal Fugitive Slave Act of 1793. [18] The U.S. Supreme Court declared the Pennsylvania law unconstitutional, striking the abolitionist law and heightening tensions between slaveholding and non-slaveholding states. [19]

Nullification by Wisconsin

A similar situation arose when, in 1854, the state Supreme Court of Wisconsin declared the Fugitive Slave Act of 1850 unconstitutional. [20] The U.S. Supreme Court overturned the Wisconsin Supreme Court while the Wisconsin legislature, echoing the rhetoric of South Carolina during the 1828 crisis, nullified the U.S. Supreme Court’s decision. [1]

Dred Scott v. Sandford (1857)

In 1857, continuing the debate between the national government and free states, the case of Dred Scott v. Sandford held that all Americans of African descent were not legally citizens, and therefore could not file suit. Thus Mr. Scott, a slave who had been brought to the free state of Illinois but later returned to slave-holding jurisdictions, and who had pursued emancipation through the federal courts, remained a slave. [21] Though the decision was largely welcomed in the South, the decision outraged abolitionists and non-slaveholding states as another affront on states' rights. [22]

Federal power during the Civil War

The Civil War brought to a head many of the fundamental disagreements concerning the extent of state and federal powers which presidential candidates Lincoln and Douglas had debated between 1858 and 1860. [23] Douglas, an advocate of federal government limited by a strict interpretation of the Constitution, championed the vision of America as “the confederation of the sovereign states". [24] Lincoln, meanwhile, envisioned a more active federal government and more integrated national community, with the purview of states limited to only "those things that pertain exclusively to themselves—that are local in their nature, that have no connection with the general government". [24] Many of these questions would be resolved by actions taken by the North’s federal government during the course of the fighting during the years after the debates. [25] Actions taken by the North during the war, including the conscription of soldiers into a national army, as provided by the Enrollment Act of March 1863, and expanded federal control over banking with the 1863 National Banking Act, resulting in a much more robust national government in postbellum America. [25] There exists debate over whether this increase in federal power was achieved against states’ will or whether such expanded powers were granted by the states. [25]

After the Civil War, the federal government began expanding its powers, primarily concerning itself with regulating commerce and civil rights, originally considered the domain of state governments. [1]

Reconstruction

After the Civil War, Congress amended the Constitution to guarantee certain rights for citizens. This period brought about debate on whether the federal government could make these amendments, some arguing that this was an infringement on states' rights. [26] However, during this time period the public began to believe that the federal government was responsible for defending civil liberties even though previously the idea was that a strong central government would be the biggest detriment to personal freedom.[ citation needed ] Regardless, the Supreme Court verified states' rights to require literacy tests in Williams v. Mississippi , effectively allowing states to discriminate against black voters. In addition, the Court ruled in favor of states' rights to mandate racially segregated accommodations, so long as they were "separate but equal" in Plessy v. Ferguson .

Although law professor Eugene Gressman views these rulings as a "judicially directed perversion" [26] of what the abolitionists meant to accomplish, within historical context the Supreme Court decisions seem more occupied with sustaining the system of dual federalism. In making these decisions, the Supreme Court aimed to keep in line with the idea of federalism as it then existed, balancing states' rights with the protection of civil liberties, rather than simply opposing the new amendments. [27] For instance, in Strauder v. West Virginia the Court sided with those who wished to overturn the law that excluded black citizens from juries, which suggests that the Court was beginning to build a set of cases that enumerated rights based on the new amendments. [28]

However, in other aspects the Supreme Court reasserted states' rights in relation to the 14th Amendment in particular. In the Slaughter-house cases and Bradwell v. Illinois the Court supported the view that the amendment regulated states rather than individuals practicing discrimination. [29] Both of these cases allowed states to enforce laws that infringed on individual rights.

End of dual federalism

Franklin D. Roosevelt's New Deal policies signaled the end of dual federalism. Wagner-Peyser-Act-1933.jpg
Franklin D. Roosevelt's New Deal policies signaled the end of dual federalism.

The general consensus among scholars is that dual federalism ended during Franklin Roosevelt's presidency in 1937 [30] [31] [32] [33] [34] [35] [36] when the New Deal policies were decided constitutional by the Supreme Court. [33] Industrialization, economic modernization, and conditions surrounding the Great Depression elevated commerce to a more national level, so there was an overlap in the powers of the federal government and the states. [36] [1] The federal government, using the Commerce Clause, [34] [36] passed national policies to regulate the economy. [30] The Interstate Commerce Act and Sherman Antitrust Act solidified Congress's authority to regulate commerce between states and expanded its role. [1] This, in addition to the New Deal policies, led to the federal government and the states working together more, ending the era of dual federalism and moving America into cooperative federalism. However, political scientists have argued different theories concerning the end of dual federalism. As opposed to a clear transition from dual federalism to cooperative federalism, some political scientists say there was a much more complicated relationship between the states and the federal government. Rather than a competition for power, the powers of the state and federal government change according to national political movements and their agendas; a dynamic that existed both before and after the New Deal. [31] [37] [38] [39] [40] Other political scientists see dual federalism ending much earlier than the New Deal; This would have been the beginning of cooperative federalism as the federal government identified a problem, set up the basic outline of the program to address the problem, and make money available to fund that program, and then turning over much of the responsibility for implementing and running the program to the states and localities. [41] Daniel Elazar argues that there was substantial cooperation among the states and federal government beginning in the 19th century, leading up to the Civil War [42] and several political scientists assert that starting from the 1870s and throughout the Progressive Era, the federal government and states worked together to create national policies. [30] [31] [36] [1]

Outside the United States

The governments of Argentina, Austria, Australia, Belgium, Bosnia and Herzegovina, Brazil, Canada, Comoros, Ethiopia, Germany, India, Malaysia, Mexico, Micronesia, Nepal, Nigeria, Pakistan, Russia, Saint Kitts and Nevis, Spain, Switzerland, United Arab Emirates, and Venezuela also operate through federalism. [43] [44] [45] [46] The federations of Australia, Canada, and Switzerland most closely resemble the model of American dual federalism in which fundamental governmental powers are divided between the federal and state governments, with the states exercising broad powers. [47] [48]

While the American federalist system allocates both legislative and administrative powers to each division of government, European federations have historically allocated legislative powers to the federal government and left constituents to administer and implement these laws. [1] [49] [50] Most western federalist systems in recent years have drifted away from autonomous levels of governments with strong state powers and moved toward more centralized federal governments, as seen in the American government's transition from dual to cooperative federalism. [50] [51] [52] The Canadian and Australian federal systems closely resemble the American construct of dual federalism in that their legislative and executive powers are allocated in the same policy area to a single level of government. [53] [54] In contrast, some federal structures, such as those of Germany, Austria, and Switzerland, consist of federal governments exercising broad legislative powers and constituent governments allocated the power to administer such legislation in a style similar to cooperative federalism. [48] [55] [56] [57]

Constitutions with delegations of broad powers to the state level of government that resemble the Constitution of the United States include the Constitution of Australia and the Constitution of Canada. The Australian Constitution was designed to enumerate a limited range of federal powers and leave the rest to the states. The Canadian Constitution, in contrast, assigned all residual powers to the federal government and enumerated a complete list of provincial powers. [53] [54] The Austrian Constitution, Constitution of Germany, and Swiss Constitution enumerate few policy fields exclusive to the states, but enumerate extensive concurrent powers. The federations operate chiefly through legislation produced by the federal government and left to the Länder or state governments to implement. [48] [50] [55] [56] [57] Since 1991, Russia may also be considered a dual federation. [58]

Origins of "layer cake" metaphor

In his second term, President Dwight D. Eisenhower organized the Commission on National Goals to broadly outline national objectives. Included in their 1960 report Goals for Americans: The Report of the President's Commission on National Goals was "The Federal System", a report by political scientist Morton Grodzins. [59] [60] In this report, Grodzins first coined the terms "layer cake federalism" and "marble cake federalism." [61] [62] He used the metaphor of a layer cake to describe the system of dual federalism, the separated layers of the cake symbolizing how distinct spheres of power that the state and federal governments have not been inhabited. He contrasted this with marble cake, which he saw as descriptive of federalism's status in 1960, the swirling indistinct boundaries of the cake symbolizing the overlapping and concurrent duties of the state and federal governments.

See also

Footnotes

  1. 1 2 3 4 5 6 7 Boyd, Eugene; Fauntroy, Michael K. (2000). "American Federalism, 1776 to 2000: Significant Events". Congressional Research Service.
  2. ↑ Articles of Confederation : March 1, 1781. The Avalon Project. http://avalon.law.yale.edu/18th_century/artconf.asp
  3. 1 2 Lowi, et al. (2012) American Government: Power and Purpose -- Brief Twelfth Edition. W.W. Norton and Company p.26-27
  4. ↑ Katz, Ellis (6 August 2015). "Article 1: US Federalism, Past, Present, Future". Political Investigations.
  5. ↑ Wilson, James Q.; John J. DiIulio Jr. (1995). American Government Institutions and Policies. Lexington, D.C.: Heath and Company. p. A-49.
  6. ↑ Lowi, et al. (2012) American Government: Power and Purpose -- Brief Twelfth Edition. W.W. Norton and Company p.33
  7. ↑ "The Bill of Rights: A Transcription" https://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html
  8. ↑ Turner Main, Jackson (2004). The Antifederalists; Critics of the Constitution, 1781-1788. Chapel Hill, NC: University of North Carolina Press. ISBN   978-0807855447.
  9. ↑ Diamond, Martin (1963). Robert A. Goldwin (ed.). A Nation of States. Chicago: Rand McNally & Co.
  10. ↑ Wolfe, Christopher (Feb 1977). "On Understanding the Constitutional Convention of 1787". The Journal of Politics. 39 (1): 97–118. doi:10.2307/2129688. JSTOR   2129688. S2CID   154832943.
  11. 1 2 3 McBride, Alex "Landmark Cases: McCulloch v Maryland" PBS https://www.pbs.org/wnet/supremecourt/antebellum/landmark_mcculloch.html
  12. ↑ Smith, K. and Greenblatt, A. (2016). 6th Edition. Governing States and Localities. Los Angeles. CQ Press.[ page needed ]
  13. 1 2 Shallat, Todd (Winter 1992). "Water and Bureaucracy: Origins of the Federal Responsibility for Water Resources, 1787-1838". Natural Resources Journal. 32 (1): 5–25. JSTOR   24884830.
  14. ↑ "States' Rights: The Rallying Cry of Secession." (n.d.) Civil War Trust http://www.civilwar.org/education/history/civil-war-overview/statesrights.html Archived 2013-05-11 at the Wayback Machine
  15. ↑ South Carolina Ordinance of Nullification, November 24, 1832. The Avalon Project http://avalon.law.yale.edu/19th_century/ordnull.asp
  16. 1 2 Pierson, P (2009). "South Carolina takes on the feds". America's Civil War. 22: 23. ProQuest   223364035.
  17. ↑ "Historical Highlights: The Tariff of Abominations" U.S. House of Representatives http://history.house.gov/Historical-Highlights/1800-1850/The-Tariff-of-Abominations/
  18. ↑ Prigg v. Pennsylvania , 41U.S.539 (1842).
  19. ↑ "Majority Rules: Prigg v Pennsylvania" PBS https://www.pbs.org/wnet/supremecourt/antebellum/majority1b.html?no
  20. ↑ "Unconstitutionality of the Fugitive slave act" (1854) Supreme Court of the State of Wisconsin http://memory.loc.gov/cgi-bin/query/r?ammem/llst:@field(DOCID+@lit(llst026div4)):
  21. ↑ The Dred Scott decision: opinion of Chief Justice Taney (1856) Supreme Court of the United States http://memory.loc.gov/cgi-bin/query/r?ammem/llst:@field(DOCID+@lit(llst022div3))
  22. ↑ People & Events: Dred Scott's fight for freedom. (n.d.) PBS https://www.pbs.org/wgbh/aia/part4/4p2932.html
  23. ↑ Johannsen, Robert W. "The Lincoln-Douglas Debates" (1991) The Reader's Companion to American History. http://www.history.com/topics/lincoln-douglas-debates
  24. 1 2 Benedict, Michael Les (1988). "Abraham Lincoln and Federalism". Journal of the Abraham Lincoln Association. 10 (1). hdl:2027/spo.2629860.0010.103.
  25. 1 2 3 Shelden, Rachel A. (2009). "Measures for a 'Speedy Conclusion': A Reexamination of Conscription and Civil War Federalism". Civil War History. 55 (4): 469–498. doi:10.1353/cwh.0.0092. S2CID   144150519. Project MUSE   372808 ProQuest   519665491.
  26. 1 2 Gressman, Eugene (1952). "The Unhappy History of Civil Rights Legislation". Michigan Law Review. 50 (8): 1323–1358. doi:10.2307/1284416. JSTOR   1284416.
  27. ↑ Benedict, Michael Les (1978). "Preserving Federalism: Reconstruction and the Waite Court". The Supreme Court Review. 1978: 39–79. doi:10.1086/scr.1978.3109529. JSTOR   3109529. S2CID   147451330.
  28. ↑ Eskridge, Jr., William; Ferejohn, John (1994). "The Elastic Commerce Clause: A Political Theory of American Federalism". Vanderbilt Law Review. 47 (5): 1355–1400. hdl:20.500.13051/3219.
  29. ↑ Spackman, S.G.F. (1976). "American Federalism and the Civil Rights Act of 1875". Journal of American Studies. 10 (3): 313–328. doi:10.1017/s0021875800003182. JSTOR   27553250. S2CID   144751982.
  30. 1 2 3 Staten, Clifford (1993). "Theodore Roosevelt: Dual and Cooperative Federalism". Presidential Studies Quarterly. 23 (1): 129–143. JSTOR   27551084.
  31. 1 2 3 Zackin, Emily (July 2011). "What's Happened to American Federalism?". Polity. 43 (3): 388–403. doi:10.1057/pol.2011.4. S2CID   155939030. ProQuest   872755068.
  32. ↑ Williams, Norman R. (August 2007). "The Commerce Clause and the Myth of Dual Federalism". UCLA Law Review. 54 (6): 1847–1930. SSRN   968478.
  33. 1 2 Zimmerman, J. F. (2001). "National-State Relations: Cooperative Federalism in the Twentieth Century". Publius. 31 (2): 15–30. doi:10.1093/oxfordjournals.pubjof.a004894.
  34. 1 2 Schapiro, Robert A. (2006). "From Dualist Federalism to Interactive Federalism". Emory Law Journal. 56 (1): 1–18. ProQuest   215706632.
  35. ↑ Engdahl, David E. (Fall 1998). "The Necessary and Proper Clause As an Intrinsic Restraint on Federal Lawmaking Power". Harvard Journal of Law & Public Policy. 22 (1): 107–122. ProQuest   1791711319.
  36. 1 2 3 4 Young, Ernest (2001). "Dual Federalism, Concurrent Jurisdiction, and the Foreign Affairs Exception". George Washington Law Review. 69: 139–188.
  37. ↑ Feeley, Malcolm; Rubin, Edward (2008). Federalism: Political Identity and Tragic Compromise. Ann Arbor: University of Michigan Press.[ page needed ]
  38. ↑ Nugent, John (2009). Safeguarding Federalism: How States Protect Their Interests in National Policymaking. Norman: University of Oklahoma Press.[ page needed ]
  39. ↑ Johnson, Kimberley (2007). Governing the American State: Congress and the New Federalism, 1877–1929, Princeton Studies in American Politics. Princeton: Princeton University Press.[ page needed ]
  40. ↑ Williams, Robert (2009). The Law of American State Constitutions. Oxford, New York: Oxford University Press.[ page needed ]
  41. ↑ Smith, K. and Greenblatt, A. (2015). Governing States and Localities. Los Angeles. CQ Press.[ page needed ]
  42. ↑ Rosenthal, Donald B.; Hoefler, James M. (1989). "Competing Approaches to the Study of American Federalism and Intergovernmental Relations". Publius. 19 (1): 1–24. doi:10.1093/oxfordjournals.pubjof.a037757.
  43. ↑ Dahl, Robert A. How Democratic Is the American Constitution? New Haven: Yale UP, 2001.[ page needed ]
  44. ↑ Griffiths, Ann. Handbook of Federal Countries, 2005. MQUP, 2005.[ page needed ]
  45. ↑ "Federalism by Country." Forum of Federations, <http://www.forumfed.org/en/federalism/federalismbycountry.php> Archived May 23, 2013, at the Wayback Machine .
  46. ↑ Kincaid, John (01/01/2005). Constitutional Origins, Structure, and Change in Federal Countries (0-7735-2849-0, 978-0-7735-2849-9), (p. ix).
  47. ↑ Lowi, Theodore J., Benjamin Ginsberg, Kenneth A. Shepsle, and Ansolabehere. American Government: Power and Purpose. New York: Norton, 2012. Print.[ page needed ]
  48. 1 2 3 Thorlakson, Lori (1 April 2003). "Comparing federal institutions: Power and representation in six federations". West European Politics. 26 (2): 1–22. doi:10.1080/01402380512331341081. S2CID   141208757.
  49. ↑ Bermann, George A. (1994). "Taking Subsidiarity Seriously: Federalism in the European Community and the United States". Columbia Law Review. 94 (2): 331–456. doi:10.2307/1123200. JSTOR   1123200.
  50. 1 2 3 Elazar, Daniel J. (1993). "International and Comparative Federalism". PS: Political Science and Politics. 26 (2): 190–195. doi:10.2307/419827. JSTOR   419827. S2CID   154602781.
  51. ↑ Blankart, Charles B (2000). "The Process of Government Centralization: A Constitutional View". Constitutional Political Economy. 11 (1): 27–39. doi:10.1023/a:1009018032437. S2CID   153064208.
  52. ↑ Galligan, B.; Wright, J. S. F. (1 January 2002). "Australian Federalism: A Prospective Assessment". Publius: The Journal of Federalism. 32 (2): 147–166. doi:10.1093/oxfordjournals.pubjof.a004940. JSTOR   3330949. Gale   A91567222.
  53. 1 2 Canada. The Canadian Charter of Rights and Freedoms. Department of Canadian Heritage.<http://publications.gc.ca/collections/Collection/CH37-4-3-2002E.pdf>
  54. 1 2 Australia. Constitution of Australia. Parliament of Australia.<http://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/Constitution>
  55. 1 2 German Constitution. ICL - Germany Constitution. <http://www.servat.unibe.ch/icl/gm00000_.html>
  56. 1 2 Austria. Constitution. The Constitution of the Federal State of Austria. Wien: Printed by A.Raftl, 1935. Print.[ page needed ]
  57. 1 2 Switzerland. Federal Constitution of the Swiss Confederation.<http://www.admin.ch/ch/e/rs/1/101.en.pdf Archived 2015-04-18 at the Wayback Machine >
  58. ↑ Libman, Alexander (January 2011). "Words or deeds – what matters? Experience of recentralization in Russian security agencies". p. 4.
  59. ↑ Grodzins, Morton (1960). The Federal System, from Goals for Americans: The Report of the President's Commission on National Goals (PDF).
  60. ↑ William G. Lewis, ed. (1966). U.S. President's Commission on National Goals, Records, 1959-1961 (PDF). Abilene, Kansas.{{cite book}}: CS1 maint: location missing publisher (link)
  61. ↑ Ashbee, Edward (2004). US politics today (2nd ed.). Manchester: Manchester University Press. p. 160. ISBN   978-0719068195.
  62. ↑ Nathan, Richard P. (September 2006). "Updating Theories of American Federalism" (PDF). Archived from the original (PDF) on 4 December 2010. Retrieved 20 March 2013.

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Canadian federalism involves the current nature and historical development of the federal system in Canada.

Federal law is the body of law created by the federal government of a country. A federal government is formed when a group of political units, such as states or provinces join in a federation, delegating their individual sovereignty and many powers to the central government while retaining or reserving other limited powers. As a result, two or more levels of government exist within an established geographic territory. The body of law of the common central government is the federal law.

The Commerce Clause describes an enumerated power listed in the United States Constitution. The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes". Courts and commentators have tended to discuss each of these three areas of commerce as a separate power granted to Congress. It is common to see the individual components of the Commerce Clause referred to under specific terms: the Foreign Commerce Clause, the Interstate Commerce Clause, and the Indian Commerce Clause.

<span class="mw-page-title-main">Randy Barnett</span> American legal scholar (born 1952)

Randy Evan Barnett is an American legal scholar. He serves as the Patrick Hotung Professor of Constitutional Law at Georgetown University, where he teaches constitutional law and contracts, and is the director of the Georgetown Center for the Constitution.

United States v. Morrison, 529 U.S. 598 (2000), is a U.S. Supreme Court decision that held that parts of the Violence Against Women Act of 1994 were unconstitutional because they exceeded the powers granted to the US Congress under the Commerce Clause and the Fourteenth Amendment's Equal Protection Clause. Along with United States v. Lopez (1995), it was part of a series of Rehnquist Court cases that limited Congress's powers under the Commerce Clause.

In American political discourse, states' rights are political powers held for the state governments rather than the federal government according to the United States Constitution, reflecting especially the enumerated powers of Congress and the Tenth Amendment. The enumerated powers that are listed in the Constitution include exclusive federal powers, as well as concurrent powers that are shared with the states, and all of those powers are contrasted with the reserved powers—also called states' rights—that only the states possess.

Missouri v. Holland, 252 U.S. 416 (1920) is a United States Supreme Court case concerning the extent to which international legal obligations are incorporated into federal law under the United States Constitution.

<span class="mw-page-title-main">Federalism in the United States</span> Division of powers between national, state, tribal and local governments

In the United States, federalism 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 toward the national government. The progression of federalism includes dual, cooperative, and new federalism.

Printz v. United States, 521 U.S. 898 (1997), was a United States Supreme Court case in which the Court held that certain interim provisions of the Brady Handgun Violence Prevention Act violated the Tenth Amendment to the United States Constitution.

Cooperative federalism, also known as marble-cake federalism, is defined as a flexible relationship between the federal and state governments in which both work together on a variety of issues and programs.

Nullification, in United States constitutional history, is a legal theory that a state has the right to nullify, or invalidate, any federal laws which they deem unconstitutional with respect to the United States Constitution. There are similar theories that any officer, jury, or individual may do the same. The theory of state nullification has never been legally upheld by federal courts, although jury nullification has.

<span class="mw-page-title-main">John McLean</span> American jurist and politician (1785–1861)

John McLean was an American jurist and politician who served in the United States Congress, as U.S. Postmaster General, and as a justice of the Ohio and U.S. Supreme Courts. He was often discussed for the Whig Party nominations for president, and is also one of the few people who served in all three branches of government.

<i>Lemmon v. New York</i> Nineteenth-century freedom suit

Lemmon v. New York, or Lemmon v. The People (1860), popularly known as the Lemmon Slave Case, was a freedom suit initiated in 1852 by a petition for a writ of habeas corpus. The petition was granted by the Superior Court in New York City, a decision upheld by the New York Court of Appeals, New York's highest court, in 1860 on the eve of the Civil War.

The constitutional law of the United States is the body of law governing the interpretation and implementation of the United States Constitution. The subject concerns the scope of power of the United States federal government compared to the individual states and the fundamental rights of individuals. The ultimate authority upon the interpretation of the Constitution and the constitutionality of statutes, state and federal, lies with the Supreme Court of the United States.

<i>Reference Re Securities Act</i> 2011 Supreme Court of Canada case

Reference Re Securities Act is a landmark opinion of the Supreme Court of Canada to a reference question posed on the extent of the ability of the Parliament of Canada to use its trade and commerce power.

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