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Federalism: Creating a More Democratic Political System

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The political system in the United States exists on three levels. There are the national, the state and the local governments. Local governments provide and manage zoning and traffic control laws, street repair, sanitation, police and other local services. State government controls criminal justice, public health, educational policy, business regulation and other matters. The federal government is responsible for matters such as economic policy, foreign affairs and national defense.

This system of layered governmental power, formally known as federalism, is fairly unique in the world. Under federalism, power is shared between two or more governments who have jurisdiction over the same people and the area in which they live. This is unlike unitary government, the more common form found around the world. Unitary government consists of one central power or national government. Federalism was established by the drafters of the Constitution of the United States. It was specifically designed to uphold democracy and democratic values.

The Founding Fathers, who lived under the control of the distant, imperial government of England, learned to associate centralized power with removal of liberties and rights. Thus, when they drafted the Constitution, they grappled with finding a balance between a central government that could protect national interests and a government that would have restricted powers in other areas. Their solution was federalism- the division of power between nation and state. In order to reduce the clear potential for conflict in this arrangement, the Constitution established that Congress was not permitted to abolish any state. Similarly, states could not assume powers delineated for the national government. The creators of the Constitution also imposed a Bill of Rights to prevent the national government from violating individual liberties. Hence in its very makeup, federalism represents the essence of democracy- the will of the people.

As the role of the central government under federalism has expanded over the years, debates concerning the roles of national and state governments and the correct distribution of power between them continue. Today, a new type of federalism called cooperative federalism exists. In such a system, power is shared by state and government in certain areas. For example, Congress contributes financially to programs that benefit a single state if they are deemed to be in the national interest (i.e. airport building and job retraining).

In all of its forms, federalism, with its key feature of decentralization, creates a democratic political system. The benefits for democracy that federalism offers include its being a deterrent to the abuse of power or concentrated power. Citizens elect their own local leaders who have the power to protect and meet the people’s needs. In turn, elected officials can be held accountable by the electorate for the provision of basic services and the resolution of local issues.

Decentralization of policies allows each state to promote those policies that match the values and culture of its citizens. This leads to government being more responsive to the people. States are free to initiate programs independently of the national government.

Democratic principles are further upheld by the free election of officials. Federalism, with its levels of government, offers more voting opportunities. Federalism also offers people the opportunity to criticize government policies. In addition, it affords political parties that are not part of the government the chance to serve in state and local offices and to challenge governmental decisions.

The existence of lower levels of elective office provides opportunities for minorities, women and young people to run for office. These individuals might not otherwise have a place in political affairs. In these positions, ordinary citizens have the power to advance their concerns and advocate certain interests. They have better access to national leaders and thus greater likelihood of their voice being heard.

Reasons for a Federal Order Rather than Separate States or Secession

Federations may foster peace, in the senses of preventing wars and preventing fears of war, in several ways. States can join a (con)federation to become jointly powerful enough to dissuade external aggressors, and/or to prevent aggressive and preemptive wars among themselves.

Federations can promote economic prosperity by removing internal barriers to trade, through economies of scale, by establishing and maintaining inter-member unit trade agreements, or by becoming a sufficiently large global player to affect international trade regimes.

Federal arrangements may protect individuals against political authorities by constraining state sovereignty, placing some powers with the center.

Federations can facilitate some objectives of sovereign states, such as credible commitments,certain kinds of coordination by transferring some powers to a common body.

Federal arrangements may enhance the political influence of formerly sovereign governments, both by facilitating coordination, and particularly for small states—by giving these member units influence or even veto over policy making, rather than remaining mere policy takers.

Federal political orders can be preferred as the appropriate form of nested organizations, for instance in ‘organic’ conceptions of the political and social order. The federation may promote cooperation, justice or other values among and within member units as well as among and within their constituent units.

Reasons for Preferring Federal Orders Over a Unitary State

Federal arrangements may protect against central authorities by securing immunity and non-domination for minority groups or nations.

More specifically, federal arrangements can accommodate minority nations who aspire to self determination and the preservation of their culture, language or religion.

Federal orders may increase the opportunities for citizen participation in public decision-making; through deliberation and offices in both member unit and central bodies that ensures character formation through political participation among more citizens.

Federations may facilitate efficient preference maximization more generally, as formalized in the literature on economic and fiscal federalism—though many such arguments support decentralization rather than federalism proper.

Federal arrangements can also shelter territorially based groups with preferences that diverge from the majority population, such as ethnic or cultural minorities, so that they are not subject to majority decisions severely or systematically contrary to their preferences.

Federal arrangements may not only protect existing clusters of individuals with shared values or preferences, but may also promote mobility and hence territorial clustering of individuals with similar preferences.

Resources about Federalism

Stanfod Encyclopedia of Philosophy

Constitutional Topic: Federalism

This Nation

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