Political Science Sem-4 Project
Political Science Sem-4 Project
POLITICAL SCIENCE
PROJECT ON
AMERICAN FEDERALISM
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
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:-
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.
• 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
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.
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:-
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.
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.
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:
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.
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:-
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