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{{Short description|Division of powers between national, state, tribal and local governments}}
{{Use American English|date = March 2019}}▼
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{{Multiple issues|
{{more citations needed|date=May 2016}}
{{Original research|date=February 2021}}
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▲{{Use American English|date = March 2019}}
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{{US Constitution article series}}
{{United States constitutional law}}
{{Conservatism US|principles}}
== Early federalism ==
[[Federalism]] is a form of political organization that seeks to distinguish states and unites them,
The movement for federalism was greatly strengthened by the reaction to [[Shays' Rebellion]] of 1786–1787, which was an armed uprising of [[Yeoman#United States|yeoman farmers]] in western [[Massachusetts]]. The rebellion was fueled by a poor economy that was created, in part, by the inability of the
On May 15, 1787, fifty-five delegates met at what would be known as the [[Constitutional Convention (United States)|Constitutional Convention]] in the [[Philadelphia]] State House. There, the delegates debated the structure, provisions, and limitations of [[Federalism]] in what would be the [[Constitution of the United States]]. This was a clear development in federal thought.<ref name=":1" />
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Madison later wrote in [[Federalist No. 10]] on his support for a federal government, "the smaller the number of individuals composing a majority, and the smaller the compass within which they are placed, the more easily will they concert and execute their plans of oppression. Extend the sphere, and you take in a greater variety of parties and interests; you make it less probable that a majority of the whole will have a common motive to invade the rights of other citizens".<ref>{{cite web |url=https://www.congress.gov/resources/display/content/The+Federalist+Papers#TheFederalistPapers-10 |title=Full Text of The Federalist Papers |publisher=Library of Congress |access-date=March 25, 2022}}</ref>
The convention had begun altering its original plan but then decided to abandon continued efforts of emendation, and officially set about constructing a new [[Constitution of the United States]]. Because [[George Washington]] lent his prestige to the Constitution and because of the ingenuity and organizational skills of its proponents, the Constitution was ratified in all states
The most forceful defense of the new Constitution was ''[[The Federalist Papers]]'', a compilation of 85 anonymous essays published in New York City to convince the people of the state to vote for ratification. These articles, written by [[Alexander Hamilton]] and [[James Madison]], with some contributed by [[John Jay]], examined the benefits of the new, proposed Constitution, and analyzed the political theory and function behind the various articles of the Constitution. ''The Federalist Papers'' remain one of the most important sets of documents in American history and political science.<ref name="Citycyclopedia">Jackson, Kenneth T. ''The Encyclopedia of New York City'': The New York Historical Society; Yale University Press; 1995. p. 194.</ref>
Those opposed to the new Constitution became known as the [[Anti-Federalism|Anti-Federalists]]. They generally were local rather than cosmopolitan in perspective, oriented to plantations and farms rather than commerce or finance, and wanted strong state governments and a weak national government. According to political scientist James Wilson, the
The Anti-Federalist critique soon centered on the absence of a [[bill of rights]], which Federalists in the ratifying conventions promised to provide. Washington and Madison had personally pledged to consider amendments, realizing that they would be necessary to reduce pressure for a second constitutional convention that might drastically alter and weaken the new federal government. Madison proposed amendments that gave more rights to individuals than to states, which led to criticisms of diversion by Anti-Federalists.<ref name=":2" />
The outgoing [[Congress of the Confederation]] scheduled elections for the new government, and set March 4, 1789 as the date that the new government would take power.
In 1789, Congress submitted twelve articles of amendment to the states. Ten of these articles, written by congressional committees, achieved passage on December 15, 1791 and became the [[United States Bill of Rights]].<ref name=":2">{{Cite web|last=|first=|last2=|first2=|last3=|first3=|last4=|first4=|date=|title=Demand for a Bill of Rights - Creating the United States {{!}} Exhibitions - Library of Congress|url=https://www.loc.gov/exhibits/creating-the-united-states/demand-for-a-bill-of-rights.html|url-status=live|archive-url=|archive-date=|access-date=2021-01-11|website=www.loc.gov|publisher=Library of Congress}}</ref> The [[Tenth Amendment to the United States Constitution|Tenth Amendment]] set the guidelines for federalism in the United States.<ref>{{Cite web|title=Tenth Amendment|url=https://www.law.cornell.edu/constitution/tenth_amendment|access-date=2021-01-11|website=LII / Legal Information Institute|language=en}}</ref>▼
▲In 1789, Congress submitted twelve articles of amendment to the states. Ten of these articles, written by congressional committees, achieved passage on December 15, 1791 and became the [[United States Bill of Rights]].<ref name=":2">{{Cite web|last=|first=|last2=|first2=|last3=|first3=|last4=|first4=|date=|title=Demand for a Bill of Rights - Creating the United States {{!}} Exhibitions - Library of Congress|url=https://www.loc.gov/exhibits/creating-the-united-states/demand-for-a-bill-of-rights.html
=== Federalist Party ===
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==Between dual federalism and the New Deal==
The ratification of the [[Fourteenth Amendment to the United States Constitution|Fourteenth Amendment]] in 1868 marked a significant transfer of authority from state governments to the federal government, declaring United States citizenship paramount to state citizenship. Over time, the application of the Fourteenth Amendment and incorporation of the Bill of Rights to the states strengthened the federal government’s power to protect against state intrusions upon individual rights.<ref name="Epstein, Lee, 1958">{{Cite book
Still, in the immediate aftermath of the Taney court and the rise of [[Dual federalism]], the division of labor between federal, state, and local governments was relatively unchanged for over a century. Political scientist [[Theodore J. Lowi]] summarized the system in place during those years in ''The End of the Republican Era''<ref>Lowi, T. ''The End of the Republican Era'' ({{ISBN|0-8061-2887-9}}), [[University of Oklahoma]] Press, 1995–2006. p. 6.</ref>
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As early as 1913, there was talk of regulating stock exchanges, and the Capital Issues Committee formed to control access to credit during World War I recommended federal regulation of all stock issues and exchanges shortly before it ceased operating in 1921. With the [[Morrill Land-Grant Acts]] Congress used land sale revenues to make grants to the states for colleges during the Civil War on the theory that land sale revenues could be devoted to subjects beyond those listed in [[Article One of the United States Constitution#Section 8: Powers of Congress|Article I, Section 8]] of the Constitution. On several occasions during the 1880s, one house of Congress or the other passed bills providing land sale revenues to the states for the purpose of aiding primary schools. During the first years of the twentieth century, the endeavors funded with federal grants multiplied, and Congress began using general revenues to fund them—thus utilizing the [[general welfare clause]]'s broad spending power, even though it had been discredited for almost a century (Hamilton's view that a broad spending power could be derived from the clause had been all but abandoned by 1840).
During Herbert Hoover's administration, grants went to the states for the purpose of funding poor relief. The 1920s saw Washington expand its role in domestic law enforcement. Disaster relief for areas affected by floods or crop failures dated from 1874, and these appropriations began to multiply during the administration of [[Woodrow Wilson]] (1913–21). By 1933, the precedents necessary for the federal government to exercise broad regulatory power over all economic activity and spend for any purpose it saw fit were almost all in place. Virtually all that remained was for the will to be mustered in Congress and for the Supreme Court to acquiesce.<ref>{{Cite book |last=Zavodnyik |first=Peter |url=https://books.google.com/books?id=AhhlcAAACAAJ&q=zavodnyik |title=The Rise of the Federal Colossus: The Growth of Federal Power from Lincoln to F.D.R. |publisher=ABC-CLIO |year=2011 |isbn=978-0-313-39293-1 |location=Santa Barbara, CA |pages=21–30, 186–93, 213–19, 291–93, 313–27, 363–64, 380–93, 416–19 }}{{Dead link|date=April 2024 |bot=InternetArchiveBot |fix-attempted=yes }}</ref>
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The national government was forced to cooperate with all levels of government to implement the New Deal policies; local government earned an equal standing with the other layers, as the federal government relied on [[political machine]]s at a city level to bypass [[State legislature (United States)|state legislatures]]. The formerly distinct division of responsibilities between state and national government had been described as a "layer cake," but, with the lines of duty blurred, cooperative federalism was likened to a "marble cake" or a "picket fence." In cooperative federalism, federal funds are distributed through [[grants in aid]] or [[categorical grant]]s which gave the federal government more control over the use of the money.
== New
{{main|New Federalism}}
{{norefs|section|date=November 2023}}
Another movement calling itself "New Federalism" appeared in the late 20th century and early 21st century. Many of the ideas of New Federalism originated with [[Richard Nixon]].<ref>{{Cite web|last=Katz|first=Bruce|date=2014-08-11|title=Nixon's New Federalism 45 Years Later|url=https://www.brookings.edu/blog/the-avenue/2014/08/11/nixons-new-federalism-45-years-later/
Under New Federalism, the question that is asked is may the federal government constitutionally command the states to carry out federal policy? For this, the courts use the anti-commandeering principle. "The anti-commandeering doctrine says that the federal government cannot require states or state officials to adopt or enforce federal law." This became the principle by ''[[New York v. United States]]'' (1992). In this case, New York sued the federal government, questioning the authority of
A modern-day application of this rule can be found in ''[[Murphy v. National Collegiate Athletic Association]]'' (2018). New Jersey’s governor attacked the federal government's prohibition on sports gambling. The courts again used the anti-commandeering principle, allowing states to regulate sports gambling at their discretion. This is starting to become a trend because now states are passing laws on issues that are often federally prohibited or heavily regulated by Congress under the commerce clause, as in the areas of medical marijuana (''[[Gonzales v. Raich]]''), [[partial-birth abortion]] (''[[Gonzales v. Carhart]]''), gun possession (''[[United States v. Lopez]]''), federal police powers (''[[United States v. Morrison]]'', which struck down portions of the [[Violence Against Women Act]]), or agriculture (''[[Wickard v. Filburn]]'').
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==== Presidency of Donald Trump ====
Federalism under [[Donald Trump]] (2017-2021) was more complicated. In 2020, during the [[COVID-19 pandemic in the United States|coronavirus pandemic]], the presidency delayed action and federal agencies faced interference from the presidency, despite the federal government traditionally dealing with matters of national importance, including natural disasters or virus outbreaks.<ref>{{cite journal|last1=Yamey|first1=Gavin|date=24 April 2020|title=Donald Trump: a political determinant of covid-19|url=https://www.bmj.com/content/369/bmj.m1643|journal=The BMJ|volume=369|pages=m1643|doi=10.1136/bmj.m1643|pmid=32332028|access-date=14 December 2020|doi-access=free|s2cid=216129911}}</ref><ref name=":8" /> This would suggest that Trump attempted to weaken the role of the federal government, although he also attempted to override state powers or exercise powers that the Constitution did not grant the presidency.<ref>{{Cite web|last=Selin|first=Jennifer|title=Trump versus the states: What federalism means for the coronavirus response|url=http://theconversation.com/trump-versus-the-states-what-federalism-means-for-the-coronavirus-response-136361|access-date=2021-02-06|website=The Conversation|language=en}}</ref><ref name=":3">{{Cite journal|last1=Goelzhauser|first1=Greg|last2=Konisky|first2=David M.|date=2020-07-01|title=The State of American Federalism 2019–2020: Polarized and Punitive Intergovernmental Relations|url=https://academic.oup.com/publius/article/50/3/311/5870265|journal=Publius: The Journal of Federalism|language=en|volume=50|issue=3|pages=311–343|doi=10.1093/publius/pjaa021|pmid=34191881|pmc=7454864|issn=0048-5950|doi-access=free}}</ref> Punitive federalism, or the punishment of states and local areas by the federal government, became an issue during the Trump administration.<ref name=":8">{{Cite web|date=2020-12-11|title=Pandemic Lockdown Battles Offer Glimpses of Political Conflicts to Come|url=https://reason.com/2020/12/11/pandemic-lockdown-battles-offer-glimpses-of-political-conflicts-to-come/|access-date=2021-02-06|website=Reason.com|language=en-US}}</ref> Goelzhauser and Konisky state that punitive federalism is exemplified most by the Trump administration's interference with California through the [[United States Environmental Protection Agency|EPA]] in 2018, and the withholding of disaster relief from Puerto Rico. They further state that "the pandemic has brought on, in addition to immense human suffering, the federalism event of the century".<ref name=":3" /> Another issue was Trump's response to the Black Lives Matter protests, in which he took a more confrontational stance, including [[2020 deployment of federal forces in the United States|deploying federal troops and agents to protests]], despite several states opposing this measure and the action being condemned for possible unconstitutionality.<ref>{{Cite web|title=Were Portland Protesters 'Kidnapped' by Federal Officers in Unmarked Vans?|url=https://www.snopes.com/fact-check/feds-unmarked-vans-portland/|access-date=2021-02-06|website=Snopes.com|date=July 22, 2020 |language=en-US}}</ref><ref>{{Cite web|date=2020-07-20|title=Federal agents, local streets: A 'red flag' in Oregon|url=https://apnews.com/article/597b63c1ddf52ef57a5eccfaa67b8a94|access-date=2021-02-06|website=AP NEWS}}</ref> According to Thompson, Wong, and Rabe, "Trump [was] particularly aggressive in the use of executive power, or the 'administrative presidency', to pursue his goals, including executive orders and regulatory changes." However, "the forces of federalism, especially state attorneys general, governors, and legislatures, have often undercut Trump’s executive initiatives and reduced their impact".<ref>{{Cite web|last1=Thompson|first1=Frank|last2=Wong|first2=Kenneth|last3=Rabe|first3=Barry|date=2019-11-04|title=Trump, the Administrative Presidency, and Federalism|url=https://www.brookings.edu/book/trump-the-administrative-presidency-and-federalism/
==== Presidency of Joe Biden ====
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==Notes==
{{further|Bibliography of the United States Constitution}}
{{Reflist}}
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* {{Citation |last=Taylor |first=Jeff |author-link=Jeff Taylor (politician) |title=Politics on a Human Scale: The American Tradition of Decentralism |url=https://books.google.com/books?id=uVwrAQAAQBAJ |year=2013 |place=Lanham, Maryland |publisher=[[Lexington Books]] |isbn=978-0-7391-8674-9 }}
* [[U.S. Constitution]]
* {{Citation |last=Zavodnyik |first=Peter |title=The Rise of the Federal Colossus: The Growth of Federal Power from Lincoln to F.D.R. |url=https://books.google.com/books?id=AhhlcAAACAAJ&q=zavodnyik |year=2011 |place=Santa Barbara, California |publisher=ABC-CLIO }}{{Dead link|date=April 2024 |bot=InternetArchiveBot |fix-attempted=yes }}
* {{Citation |last=Phelps |first=Richard P. |title=The Malfunction of US Education Policy: Elite Misinformation, Disinformation, and Selfishness |url=https://rowman.com/ISBN/9781475869941/The-Malfunction-of-US-Education-Policy-Elite-Misinformation-Disinformation-and-Selfishness |year=2023 |place=Lanham, Maryland |publisher=Rowman and Littlefield |isbn=978-1-4758-6994-1 }}
{{United States topics}}
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