UNIVERSITY INSTITUTE OF LEGAL

STUDIES, PANJAB UNIVERSITY

(CHANDIGARH)

POLITICAL SCIENCE

PROJECT ON

AMERICAN FEDERALISM

Submitted by:- Submitted to:-

Srishti Sharma Dr. Nirmal Singh

B.A. LL.B.(Hons.)
Section-C
Semester-IV
 ACKNOWLEDGEMENT

First and foremost, I want to thank my research supervisor, Dr. Nirmal Singh, who selflessly
helped me in completing this project. His teaching style and methodology have always inspired
me to achieve my targets. He raised many precious points in our discussion and I hope that I
have managed to address several of them here.

I would like to extend my gratitude to The Director, University Institute of Legal Studies, Prof.
Rajinder Kaur for giving me this golden opportunity to express myself.

Getting through my dissertation required more than academic support, and I have many, many
people to thank for listening to and, at times, taking a stand for me. I cannot begin to express my
gratitude and appreciation for their friendship. I must thank everyone above as well as my
beloved friends.

With Regards,

Srishti Sharma
 TABLE OF CONTENTS

Sr. No. Topic Pg. No.

1. Title Page 1
2. Acknowledgement 2
3. Table Of Contents 3
4. Introduction 4
5. Federal Government 4-5
6. American Federal System 6-7
7. Features of American Federal System 7-9
8. Place of states in American Federal System 10
9. Federal obligation towards the States 11
10. Obligations of the States towards the Union 12
11. Merits of Federal Government 12-13
12. Demerits of Federal Government 13-14
13. Tendency of Centralization of US Federal System 14-15
14. Future of Federalism in US 15-16
15. Conclusion 16-17
16. Bibliography 18
 INTRODUCTION
Every state is politically organized. Government is the institution through which society makes
and enforces its public policies. This includes the power to use force if necessary to compel
people to accept its rule. A government is the system by which a state or community is
controlled. In the Commonwealth of Nations, the word government is also used more narrowly to
refer to the collective group of people that exercises executive authority in a state. In the case of
its broad associative definition, government normally consists of legislators, administrators, and
arbitrators. Government is the means by which state policy is enforced, as well as the mechanism
for determining the policy of the state. A form of government, or form of state governance, refers
to the set of political systems and institutions that make up the organization of a specific
government.

FEDERAL GOVERNMENT
A Federal Government is a dual government. The word ‘federal is derived from the Latin word
‘Foedus’ which means ‘treaty or agreement’. It has been defined as follow:-

According to A.V. Dicey, “A Federal State is a political contrivance intended to reconcile

national unity with the maintenance of State rights.”

A federal government is a system of dividing up power between a central national government

and local state governments that are connected to one another by the national government. Some
areas of public life are under the control of the national government, and some areas are under
control of the local governments. For this reason, cop films like to create drama by making the
federal government and local government bump heads over who should be investigating the
crime at hand. Federal government systems usually have a constitution that specifies what areas
of public life the national government will take control over and what areas of public life the
state governments will take control over.1

Federalism is a political concept in which a group of members are bound together by covenant
with a governing representative head. The term "federalism" is also used to describe a system of
government in which sovereignty is constitutionally divided between a central governing
authority and constituent political units (such as states or provinces). Federalism is a system
based upon democratic rules and institutions in which the power to govern is shared between
national and provincial/state governments, creating what is often called a federation. Proponents
are often called federalists2.

A federacy is a form of government with features of both a federation and unitary state. In a
federacy, at least one of the constituent parts of the state is autonomous, while the other
constituent parts are either not autonomous or comparatively less autonomous.

Name of the countries having Federal Government system:-

• India
• USA
• Modern Russia
• France
• Germany
• South Africa
• Switzerland
• Brazil
• Australia
• Mexico

1
http://study.com/academy/lesson/what-is-a-federal-government-definition-powers-benefits.html
2
https://en.wikipedia.org/wiki/Government
 AMERICAN FEDERAL SYSTEM
The government of the United States of America is the federal government of the public of fifty
states that constitute the United States, as well as one capital district, and several other territories.
The federal government is composed of three distinct branches: Legislative, executive and
judicial, whose powers are vested by the U.S. Constitution in the Congress, The President, and
the federal courts, including the Supreme Court, respectively. The powers and duties of these
branches are further defined by acts of Congress, including the creation of executive departments
and courts inferior to the Supreme Court.

The full name of their public is “United States of America”. No other name appears in the
Constitution, and this is the name that appears on money, in treaties, and in legal cases to which
it is a party (e.g., Charles T. Schenck v. United States). The terms “Government of the United
States of America” or “United States Government” are often used in official documents to
represent the federal government as distinct from the states collectively. In casual conversation
or writing, the term “Federal Government” is often used, and the term “National Government” is
sometimes used. The terms “Federal” and “National” in government agency or program names
generally indicate affiliation with the federal government (e.g., Federal Bureau of Investigation,
National Oceanic and Atmospheric Administration, etc.) Because the seat of government is in
Washington, D.C. “Washington” is commonly used as a metonym for the federal government.3

History

The outline of the government of the United States is laid out in the Constitution. The
government was formed in 1789, making the United States one of the world's first, if not the
first, modern national constitutional republics.

The United States government is based on the principle of federalism, in which power is shared
between the federal government and state governments. The details of American federalism,
including what powers the federal government should have and how those powers can be
exercised, have been debated ever since the adoption of the Constitution. Some make the case for

3
https://en.wikipedia.org/wiki/Federal_government_of_the_United_States
expansive federal powers while others argue for a more limited role for the central government
in relation to individuals, the states or other recognized entities.

Since the American Civil War, the powers of the federal government have generally expanded
greatly, although there have been periods since that time of legislative branch dominance (e.g.,
the decades immediately following the Civil War) or when states' rights proponents have
succeeded in limiting federal power through legislative action, executive prerogative or by
constitutional interpretation by the courts.

One of the theoretical pillars of the United States Constitution is the idea of "checks and
balances" among the powers and responsibilities of the three branches of American government:
the executive, the legislative and the judiciary. For example, while the legislative (Congress) has
the power to create law, the executive (President) can veto any legislation—an act which, in turn,
can be overridden by Congress. The President nominates judges to the nation's highest judiciary
authority (Supreme Court), but those nominees must be approved by Congress. The Supreme
Court, in its turn, has the power to invalidate as "unconstitutional" any law passed by the
Congress.4

FEATURES OF AMAERICAN FEDERAL SYSTEM

Following are the main feature of American Federal System5:-

1. Written Constitution:- Written constitution is necessary for federal system and the
constitution of United States of America is the first written constitution of the world. It has 7
Articles and till now, it has undergone 27 amendments.

4
https://en.wikipedia.org/wiki/Federal_government_of_the_United_States
5
COMPARATIVE POLITICAL SYSTEMS AND INTERNATIONAL POLTICS: J. S. Badyal (RAJ PUBLISHERS (REGD.)), Edition
2013, pg 244-245.
2. Rigid Constitution:- The constitution of federal state is rigid and the constitution of
United States of America is the most rigid constitution of the world. According to Article-V
of the constitution, any amendment in the constitution requires approval of the 2/3 majority
of both the houses of Congress and ratification by 3/4 state legislatures.
3. Supremacy of the Constitution:- In America, constitution has been made the highest
law of the land. In Article-VI of the constitution, it has been clearly accepted that the
constitution is the supreme law of the country and the action of the federal government and
the State which is incompatible with the constitution will be illegal. All the organs of the
government are bound to exercise their powers in accordance with the constitution.
4. Dual Polity:- In Federal system, there is dual polity consisting of Union Government and
the State Governments. The Union government manages the subjects of national importance
whereas the State governments manage the subjects of local importance. There is dual polity
in the United States of America.
5. Distribution of Subjects:- Under Section 8, 9 and 10 of Article-I of the constitution,
subjects have been distributed between centre and the states which is briefly described as
below:-
• Subjects under the control of the Union Government- According to Section 8 of
Article-I, 18 subjects of national importance like defence of the country, control over
currency and money, raising and repayment of loans on the guarantee of Federal
Government, regulation of foreign trade and inter-state trade, management of post
and telegraph and telephone, establishment of rail-roads, declaration of war,
administration of forces and fixation of standards of measurement are within the
control of the federal government and the federal government makes laws about these
subjects.
• Powers not given to the Federal Government:- In Section -9 of Article-I of the
constitution, some subjects are included on which the Federal Government cannot
make any law. Therefore, these subjects are check on the power of the Federal
Government.
 • Powers not given to States:- In Section -10 of Article-I of the Constitution, some
subjects are included on which the State Governments cannot make any law. In other
words, these subjects come under the jurisdiction of the Congress.
• Residuary Powers with the States:- By the 10th amendment to the Constitution, it
has been provided that, “The powers not delegated to the United States by the
Constitution not prohibited by it to the States respectively or to the people.” Thus, in
America, the residuary powers have been given to the States.
6. Independent Judiciary:- An independent and supreme judiciary is necessary in Federal
Government for
i. Safeguarding the Constitution,
ii. Interpreting the Constitution and
iii. Solving disputes between Centre and States and between States.

American Judiciary is supreme and independent. Judiciary enjoys the powers of Judicial
Review by which it can declare ultra-vires, the laws passed by the Congress and the
executive orders issued by the President if they violate the Constitution. Thus, The American
Supreme Court is the protector and final interpreter of the Constitution.

7. Bi-cameral Legislature:-Bi-cameral Legislature is considered to be the distinctive

characteristic of Federal system and American Congress has two houses- Senate and the
House of Representatives. Senate, which is also called Upper House represents the States and
the House of Representatives, which is also called the Lower House, represents common
people.
8. Double Citizenship:- Double citizenship is a characteristic feature of Federal system and
in United States of America, citizens have got double citizenship. First the citizen gets the
citizenship of the States in which he resides and the second citizenship he gets is that of the
country as a whole.
9. Separate Constitutions for the States:- Besides a Federal Constitution in America,
every state has its own separate constitution. However, the constitution of the States should
be in accordance with the Federal constitution and the constitution of the States should be
Republican.
 PLACE OF STATES IN AMERICAN FEDERAL
SYSTEM
Before the formation of American federation, the States which were to join it were sovereign.
However, after joining the federation, their position is as below6:-

➢ States cannot secede the Federation:- The 50 constituent States of American

Federation can’t secede. While delivering a judgement in Texas v/s White case, in 1689,
the Supreme Court stated, “It is indestructible union composed of indestructible states.”
➢ States are not Sovereign:- The states constituting the federation are not sovereign
because,
The constitutions of the states must be in accordance with the federal constitution,
States cannot enter into any agreement with other countries,
States cannot enter into any agreement among themselves without the approval of
Congress and
There are certain limitations on the power of the states to tax imports and exports.
➢ All States are Equal:- All the States constituting the American federation are equal
and they are not discriminated on the basis of size, population and economic resources.
Every state, big or small, has got equal representation in the Senate and the state cannot
be deprived of this right against their will.
➢ State have separate Constitution:- In U.S.A., besides a federal constitution, every
state has a separate constitution of its own which includes the organisation of state
government and its working. All the States run their administration according to the
provisions made in their Constitution and federal government does not interfere in their
administration. But the constitution has to be in consonance with the federal constitution.

6
COMPARATIVE POLITICAL SYSTEMS AND INTERNATIONAL POLTICS: J. S. Badyal (RAJ PUBLISHERS (REGD.)), Edition
2013, pg 246
 FEDERAL OBLIGATION TOWARDS THE
STATES
Federal Government has following obligations towards the States7:-

➢ Respect for the Territorial integrity of the States:- Federal Government is

bound to respect the territorial integrity of the States. No part of any State can be taken
away without the consent of that States and this has been provided in the Section-1 of
Article-I.
➢ Guarantee of Republican Government in the State:- It has been provided in
Section-4 of Article-IV that, “The States shall guarantee to every states in the Union a
Republican form of Government.”
➢ Protection against foreign invasion and domestic violence:- It is the
responsibility of the Federal Government to protect states against external invasions and
internal disturbance. However, in case of internal disturbance, the federal government
would take necessary action to help the States only on request of the Governor or the
legislature of the State concerned. However, if the internal disturbance leads to violation
of national laws or the loss to the national property, then the President can intervene even
without the request of the State Government. In 1911, President Roosevelt sent the forces
even without the request of state government to end the strike in aeronautic factory in
California State. In 1961, President Kennedy, sent the Central Police in states to
implement decision of the Supreme Court against the racial discrimination despite the
opposition of the state governments. In May, 1992, President George Bush sent federal
army to control racial violence which erupted in various cities of U.S.

7
COMPARATIVE POLITICAL SYSTEMS AND INTERNATIONAL POLTICS: J. S. Badyal (RAJ PUBLISHERS (REGD.)), Edition
2013, pg 246
 OBLIGATIONS OF THE STATES TOWARDS
THE UNION
It is the duty of the states to hold elections for federal offices, to take part in the process of
the amendment of the constitution and to arrange elections of the members of the Senate and
the House of Representatives etc. Besides, each state must have full faith and show credit to
the acts of another state8.

MERITS OF FEDERAL GOVERNMENT

Followings are the merits of Federal Government9:-

1. A Federation prevents rise of single despotism.

2. Federation protects the political liberty of the citizens.
3. Federation allows experiments in local legislation and administration that might not suit
the entire country.
4. In federal State, the growth of bureaucratic authority is under check. Administrative
efficiency increases.
5. Federation is necessary for big democratic countries in the present age.
6. Division of powers between the Central Government and the provincial government
relieves the Central Government of many burdensome functions.
7. Federal Government safeguards the interests of weak States.
8. In Federal States unity in diversity can be achieved.
9. Federal State provides wider opportunities for higher maintenance of democratic values.
10. Federal State provides for the pooling of all the resources and achieves rapid economic
development.

8
COMPARATIVE POLITICAL SYSTEMS AND INTERNATIONAL POLTICS: J. S. Badyal (RAJ PUBLISHERS (REGD.)), Edition
2013, pg 246.
9
POLITICAL SCIEMCE FOR LAW STUDENTS: S.R. Myneni (ALAHABAD LAW AGENCY) Third Edition, Reprint, 2010, pg
331.
 11. Federal States provides wider opportunities for higher maintenance of democratic values.
12. Federal States can achieve some political domination in the international arena. This
gives the nation a great international recognition.
13. The basic philosophy underlying the federation is co-operation and union. It serves as a
model for the States to come together to form a world federation in their effort to have
co-operation for peaceful living.

DEMERITS OF FEDERAL GOVERNMENT

Federal system has some demerits too. The demerits of federal government are as follow10:-

1. Federal Government is weak in internal and external affairs.

2. In Federation, Centre and State Governments blame each other when anything goes
wrong as the distribution of powers leads to division of responsibility,
3. In Federation, conflicts are bound arise between Centre and State while the States follow
diverse policies with a view to promote their local interests, the Central Government
adopts policies which are in national interests.
4. Federal Government is more expensive because it demands two set systems of
governments.
5. Under Federal system, unnecessary delay is caused in solving problems, since both the
Centre as well as the Units have to be consulted.
6. Federal Government is not able to change according to the requirements of the time due
to the presence of written and rigid Constitution.
7. Due to the division of legislative powers there is always the possibility of variety of laws
on same matter.
8. Federation suffers from disunity in war time. In the event of war the Federal state is at
disadvantage because of the multiplicity of powers.
9. There is the danger of secession. The States may try to break away from the Union.

10
POLITICAL SCIEMCE FOR LAW STUDENTS: S.R. Myneni (ALAHABAD LAW AGENCY) Third Edition, Reprint, 2010, pg
331-332.
 10. Generally, Federal system provides for the enhanced powers to the Central Government,
the States Governments have to depend upon it for everything.

TENDENCY OF CENTRALIZATION IN US
FEDERAL SYSTEM
During the formation of Federal system in 1787, states in America were given more

power and Hamilton has said that, “State government would dominate the authority of the
centre.” However, today the situation is quite opposite and in America, the powers of the Centre
are constantly increasing, for which the following factors are responsible11:

1. Physical, Economic and Social change

2. Civil war, 1861-1865
3. Constitutional amendments
4. Laws passed by the Congress from time to time
5. Judicial decisions and the Doctrine of implied powers
6. Federal Grant-in-Aid
7. Swift means of Transport and Communication
8. For better and balanced economic progress
9. Impact of world situation
10. Universal Tendency towards Centre

Doctrine of implied powers:- The doctrine of implied powers has assumed a very
great constitutional importance ever since it was propounded by the Supreme Court of the United
States. The Constitution only enumerates the powers assigned to the Central Government,
leaving the rest to the State governments. But the concluding part of Article-VIII, enumerating

11
COMPARATIVE POLITICAL SYSTEMS AND INTERNATIONAL POLTICS: J. S. Badyal (RAJ PUBLISHERS (REGD.)),
Edition 2013, pg 247-248.
 these powers, authorises Congress “To make all laws which shall be necessary and proper for
carrying into execution the foregoing powers and a;; other powers vested by this Constitution in
the Government of the United States, or in any Department or office thereof.”12

Supreme Court has given the Doctrine of Implied Powers while interpreting the word
‘Necessary and Proper’ enjoined in Article-I, Section-8 and according to Ogg, “The cardinal
factors for the increase of federal powers has been the discovery and use of doctrine of
implied powers.” While interpreting the words ‘Necessary and Proper’, Supreme Court has
always increased the powers of the federal government.13

Chief Justice Marshall came to the conclusion that this provision authorised the Congress to
make laws on subjects, though not specifically assigned, yet implied or latent in some other
specified powers. This doctrine implied Powers “is imperceptibly pervading the decision of
Supreme Courts in almost all federations thus filling up a gap in the specification of powers” and
thereby strengthening the Central Government where it has been assigned certain specified
powers. Referring to Article-VIII of the American Constitution, Charles Beard remarks that it
has really proved a Pandora’s box of wonders.

FUTURE OF FEDERALISM IN THE UNITED STATES

The increasing tendency of centralization in America for the last few years has created doubts in
the minds of people about Federal nature. Some scholars have even gone to the extent of saying
that there is nothing like federal system in America today, the State Governments have become
just ‘Municipalities’.

There is no doubt that due to some factors there is vast increase in the powers of the Federal
Government in America. However, this does not mean that Federal system has ceased to exist in
America. Even today, the States are playing an important role in American political system.

12
PRINCIPLES OF POLITICAL SCIENCE: A.C. Kapur (S. CHAND & COMPANY LTD.), Edition 2012, pg 393.
13
COMPARATIVE POLITICAL SYSTEMS AND INTERNATIONAL POLTICS: J. S. Badyal (RAJ PUBLISHERS (REGD.)),
Edition 2013, pg 248
America is a big country where many forms of physical, racial and economic discriminations are
found and in such a situation, only the federal system can be successful and the following factors
testify the existence of federal system in America14:-

1. Separate Existence of State Government

2. For Federal Government, the respect of the territorial integrity of the States is Must.
3. Equality of the States
4. Approval of the States over Constitutional Amendments
5. Residuary powers with the States

The former American President Ronald Reagen gave certain suggestions to give a new direction
to Federal system in America, which is also called ‘New Federalism’. He is of the view that as
far as possible, the responsibility of the domestic affairs should be taken by the state
governments. The responsibility of implementing education and public welfare schemes should
also be assigned to the states. The expenditure on these programmes would be borne by the
Centre; however, the responsibility of giving practical shape to them should be that of the states.
Former President Reagen had given his commitment to complete this scheme by 1992.

These facts are indicators of this reality that Federal system has not ceased to exist in America,
rather it has turned from ‘Competitive Federalism’ to ‘Co-operative federalism’. States and the
Federal Government together contribute in the national development and this situation prevails in
America today.

CONCLUSION
Every state is politically organized. State may be organized in various forms. Federal system is
one of these forms. A federal government is a system of dividing up power between a central
national government and local state governments that are connected to one another by the
national government. There are various countries in the world having federal government

14
COMPARATIVE POLITICAL SYSTEMS AND INTERNATIONAL POLTICS: J. S. Badyal (RAJ PUBLISHERS (REGD.)),
Edition 2013, pg 249-250
system. America is one of the countries having federal form of government. The outline of the
government of the United States is laid out in the Constitution. The government was formed in
1789, making the United States one of the world's first, if not the first, modern national
constitutional republics The federal government is composed of three distinct branches:
Legislative, executive and judicial, whose powers are vested by the U.S. Constitution in the
Congress, The President, and the federal courts, including the Supreme Court, respectively. The
powers and duties of these branches are further defined by acts of Congress, including the
creation of executive departments and courts inferior to the Supreme Court. American
Constitution has all the federal features. It has written and rigid constitution, dual citizenship,
separate constitution foe states, independent judiciary etc. There are various advantages of
federal system of government and also have certain disadvantages. The States have certain duties
towards Federal Government and the federal Government too has certain duties towards States.
No doubt the powers of the Centre are increasing but the federal system does not cease to exist.
The former American President Ronald Reagen gave suggestions of new directions to federal
system, also called ‘New Federalism’. Now the federal system has changed from ‘Competitive
Federalism’ to ‘Co-operative federalism’. States and the Federal Government together contribute
in the national development and this situation prevails in America today.
 BIBLIOGRAPHY

1. POLITICAL SCIEMCE FOR LAW STUDENTS: Myneni S.R.

(ALAHABAD LAW AGENCY) Third Edition, Reprint, 2010
2. COMPARATIVE POLITICAL SYSTEMS AND INTERNATIONAL
POLTICS: Badyal J.S. (RAJ PUBLISHERS (REGD.)), Edition 2013
3. PRINCIPLES OF POLITICAL SCIENCE: Kapur A.C. (S. CHAND &
COMPANY LTD.), Edition 2012,
4. https://en.wikipedia.org/wiki/Government
5. http://study.com/academy/lesson/what-is-a-federal-government-definition-
powers-benefits.html
6. https://en.wikipedia.org/wiki/Federal_government_of_the_United_States.