INTRODUCTION
The federated system of
decentralized power is a chief characteristic of the American governmental
arrangements. This is in keeping with the controlling intent of those who
framed and adopted each of its Amendments. The main aim was to preserve maximum
"Home Rule" by the States, to keep the greatest feasible quantity of
power as close as possible to the source--the people--where they can best watch
it alertly so as to check and prevent its abuse or misuse, as well as to
prevent its unsound, or unnecessary, expansion, to the peril or perhaps doom of
their liberties.
This paper seeks to clearly
explain the separation of power of the United States in relation to it being a
federal state practicing decentralization of powers.
CLARIFICATION
OF TERMS
A federal state is one in which
there is a central authority that represents the whole, and acts on behalf of
the whole in external affairs and in such internal affairs as are held to be of
common interest; and in which there are also provincial or state authorities
with powers of legislature and administration within the sphere allotted to
them by the constitution. It is, in the words of Hamilton, an association of
states that forms a new one; or, as Dicey put it, it is a political contrivance
intended to reconcile national unity with the maintenance of the state
rights. The U.S.A, Canada, Australia,
Switzerland, and the U.S.S.R are federal states.(Daniel J. Elazar,1987)
Decentralization is the process
of redistributing or dispersing functions, powers, people or things away from a
central location or authority. While decentralization, especially in the
governmental sphere, is widely studied and practiced, there is no common
definition or understanding of decentralization. The meaning of
decentralization may vary in part because of the different ways it is applied.
Political decentralization aims
to give citizens or their elected representatives more power in public
decision-making. It is often associated with pluralistic politics and
representative government, but it can also support democratization by giving
citizens, or their representatives, more influence in the formulation and
implementation of policies. Advocates of political decentralization assume that
decisions made with greater participation will be better informed and more
relevant to diverse interests in society than those made only by national
political authorities. The concept implies that the selection of
representatives from local electoral jurisdictions allows citizens to know
better their political representatives and allows elected officials to know
better the needs and desires of their constituents.( Jack P. Greene, 1986)
In the United States, the
situation is quite different. Laws of the national government, located in
Washington, D.C., apply to any individual who lives within the national
boundaries, while laws in each of the 50 states apply to residents of those
states alone. Under the U.S. Constitution, Congress does not have the power to
abolish a state nor can a state assume a power intended for the national
government alone. Under American federalism, in fact, the U. S. Constitution is
the source of authority for both national and state governments. This document,
in turn, reflects the will of the American people, the ultimate power in a
democracy. (Michael Les Benedict, 1996)
THE
DISTINGUISHING CHARACTERISTICS OF AMERICA FEDERALISM
The distinctive features of federation are the
formal division of governmental powers by a constitution between the
constituent units (states, provinces, or cantons) and the larger state which
they compose. The units have power to pass laws on the subjects allotted to
them and to administer and interpret them; and the Federal Authority has
similar power on the subjects allotted to it. Both the units and the federal
authority may exercise their limits set by the constitution.
The distinguishing features of
federalism, as a set of constitutional power relationships between a country's
central government and the governments of its local or regional political
subdivisions, place the federation somewhere in between the high level of
centralization that characterizes the unitary state and the thorough going
decentralization that defines the confederation.( James T. 1969)
The distinguishing features are;
National
Government Gains Strength Because Of Its Role In Promoting Economic Growth; Unlike a confederation, in America the general government of a
federation -- the national, or central, government of the federated sovereign
state has unchallenged constitutional
authority to speak, decide, and act for the entire country in its relations and
dealings with foreign governments. In this sense, the national government is
the sole possessor and exerciser of sovereignty. Only the national government
can operate as the government of a completely independent political community
with absolute power to chart its course in the arena of international
relations. (James Madison, 1987)
A
formal division of power between two or more levels of government : In the American federation, the national constitution the constitution over the whole country --
divides and distributes the constitutional powers of government between the
national government and the constituent political units the smaller communities comprising the larger
community. The national constitution recognizes the existence of two levels of
government in the country:the national, or central, government and the governments of the smaller regional
communities.And the national constitution grants substantial authority to each
of the two levels of government -- national and regional. Each level of
government is given the right to make final decisions on at least some
governmental activities and services.
States
And National Government Are Each Sovereign: In the American federal system, the national constitution
protects the right of each level of government to exist. Legally, neither level
of government can destroy the other level. The U.S.A., for example, has been
referred to as "an indestructible union of indestructible states."
(Peter Onuf, 1983)
National
government's powers grow steadily, especially regulatory power :America federal union, the
national constitution gives the central government control over matters of
general, or common, concern to the country as a whole and permits the
constituent political communities to regulate matters of more regional or local
concern.
There
is a written constitution:
This implies that the constitution where
the power of the various levels of government are stated in order to avoid
clash of duties, is not easily amendable, this is to say every federal system
must have a rigid constitution that cannot be changed easily. In other words, a
federal state has necessarily a rigid constitution. Normally, the machinery to
amend the constitution is one in which both the federal authority and the units
have a definite place.
Autonomy
of each levels of government:
In American federal system Neither level of government in a federation receives
its powers from other. The constituent communities do not receive their powers
from statutes enacted by the national legislature. And the national government
does not receive its powers from decisions and actions of the regional
legislatures. Both levels of government -- national and regional -- receive
their respective sets of powers from a common source, and that common source is
the national constitution. Both levels of government in the federal union operate through their own agents
and exercise power directly over individuals. In a given geographic, or
territorial, region within the country, two different governments -- one
national, and the other regional -- simultaneously govern the same land and
people.
In American smaller regional or
local political communities comprising the larger, federated sovereign
community -- the member "states" or "provinces" of the
federal union are not sovereign
states(as they would be in a confederation). That is, the smaller communities
are neither completely nor virtually independent. Instead, they are semi
autonomous- that is, partially self-governing. They possess autonomy, not
sovereignty. However, the degree of autonomy, or self-government, is
substantial.( Paul C. Nagle 1964)
SUMMARY
OF THE UNITED STATES OF AMERICA FEDERAL SYSTEM
The USA is a
federal state, a union of 50 states. The president is the head of the executive
in the USA. He is elected for four years. The powers of the president may be
discussed under heads, executive, legislative and judicial.
Congress
is the legislature of the United States. It contains two bodies, the Senate and
the House of Representatives. The senate is composed of 100 members, two
senators from each state, chosen by popular vote for six years. The House of
Representatives is composed of 436 members, elected for two years and appointed
among the several states according to their population in which each state has
equal representation.
The process of law-making in USA is similar to
that of France and Britain. Bills are given three readings in one House,
referred to committees, reported, debated, considered by the House and sent to
the Executive head for his signature.
The
director of the Bureau of the Budget, an official working under the control of
the president, prepares the budget more or less on the English plan with
estimates of the appropriations necessary for the different departments of
government and a statement of probable revenues. The budget is submitted to the
congress on the responsibility of the president. It is considered by two
committees of the House of Representative, viz. the committee on ways and means
and the committee on appropriations. These committees report to the House, and
later the House debates and passes the Finance Bill and the Appropriation Bill.
The bills are then sent to the senate, and with any amendments agreed to by the
House, to the president.
The
judicial system of USA is divided into distinct series of courts: state courts
and federal courts. The state courts are set up under the state constitutions,
and normally concern themselves with cases which involve the adjudication of
rights claimed under the state constitutions and the state courts are usually
elected by the people for short terms.
The
federal judiciary consists of a supreme court, 11 circuit courts of appeal, 84
district courts, a court claims and a court of customs. The jurisdiction of the
federal courts, as defined in the constitution, relates to two types of cases:
those which concern certain matters and those which concern certain parties.
The
party system division is between the Federalists and the Jeffersonian
Republicans; the former were in favour of making the federal government strong
by interpreting the constitution liberally in its favour, the latter were
champions of state rights. Constitution liberally in its favor, the latter was
champions of state rights. (Daniel J. Elazar, 1984)
DIVISION
OF POWER OF THE UNITED STATES OF AMERICA
The
United State of America is a federal
sate. In every federal state there is division of powers between the centre and
the units. In the USA, the constitution:
1.
Enumerates
the powers at the centre;
2.
Prohibits
the centre from doing certain things;
3.
Prohibits
the state from doing certain things
4.
Leaves
the residue, i.e. the powers not delegated to the centre or prohibited to the
states, to the states or to the people.
A.
Congress is given power to levy and collect
taxes, duties, imposts and excises, to pay the debts and provide for the common
defence and general welfare of the
united states; to borrow money on the credit of the united states; to declare
war; to raise and support armies and to maintain a navy; to regulate commerce
with foreign nations and among the several
states; to establish a uniform rule of naturalization and uniform laws
on the subject of bankruptcy; to coin money
and regulate the value thereof, and to fix the standards of weights and
measures; to establish post office; to legislate for the national capital and
the small district in which it is situated, i.e. for the city of Washington and
District of Columbia in which it stands; to make all needful rules and
regulations respecting the territory or other
property belonging to the united
states; and generally to make all the
laws which shall be necessary and proper for carrying into execution the
foregoing powers.
B.
The
powers prohibited to the centre are that it may not suspend the privilege of
the writ of habeas corpus ‘unless when in cases of rebellion or invasion the
public safety may require it’; may not pass a bill of attainder to ex post
facto law; may not impose any tax or
duty on articles exported from any state; may give no preference ‘by any
regulation of commerce or revenue to the ports of one state over those of
another’; and may make no law respecting an
establishment of religion or prohibiting the free exercise thereof, or
abridging the freedom of speech, or of the press, or the right of people
peaceably to assemble and to petition of government for a redress of
grievances. The constitutional provisions further prohibit unreasonable
searches and general warrants; require serious crime tried on indictment found
by a grand jury; forbid any person to be subject for the same offence to be
twice put in jeopardy of life or limb, to be compelled in any criminal case to
be a witness against himself, or to be deprived of life, liberty, or property
without due process of law.
C.
The prohibitions on the states are that no
state may enter into any treaty, alliance
or confederation; coin money; utter bills of credit; make anything but gold and
silver coin tender in payment of debts;
or pass any bill of attainder, ex post facto law, or any law impairing the
obligation of contracts. Further, they are forbidden, without the consent of
congress, so levy imposts of duties on
imports or exports except what may be
absolutely necessary for executing its inspection laws, or any duty of tonnage, to keep troops or ships of war time of peace, enter into any
agreement or compact with another state, or with foreign power, or engage in
war, unless actually invaded or in such imminent danger as will not admit of
delay; to permit slavery; and to deny the franchise on account of race, colour,
or previous condition of servitude, or
of sex. Finally, no state shall make or enforce any law which shall abridge the
privileges or immunities of citizens of United States; nor shall any state
deprive any person of life, liberty or property without the process of law, nor
deny to any person within its jurisdiction the equal protection of law.
D.
Residuary
powers. The powers not delegated to the United States by the constitution, nor
prohibited by it to the states, are reserved to the states respectively, or to
the people. It may be added, finally that the federal government has certain
obligations to the states.
i.
It
must respect their territorial integrity; congress is directed by the
constitution to see that no new state is formed
or erected within the jurisdiction of any other state; nor any
state…formed by the junction of two or more states or parts of states, without
the consent of the legislatures of the states concerned.
ii.
It must protect them against invasion, and, on
application from their legislature or from the executive (when the legislature
cannot be convened), against domestic violence.
iii.
It
must guarantee to very state a republican form of government.
Conclusion
Federalism and
the federal system define the basic structure of American government. There
were many disagreements at the Constitutional Convention. Many delegates feared
a national government that was too strong and many delegates feared that
states' rights would merely continue the weak form of government under the
Articles. The Constitution created a federal system of government (federalism)
as a compromise. Under federalism, power is shared and divided between national
and state governments. Each has specific powers unto themselves while they also
share certain powers. Both levels have their own agencies and officials and directly
affect the people. The Founding Fathers really had no other choice except
federalism. The weak union created under the Articles would not work yet people
did not want to give all the power to a national government. Federalism was the
middle ground--compromise--a way to distribute authority between the states and
the national government.
References
Daniel
J. Elazar, American Federalism: The View from the States (3rd ed.,
Harper & Row, 1984)
Daniel J. Elazar, Exploring
Federalism (University of Alabama Press, 1987)
James
T. Patterson, The New Deal and the States (Princeton University Press,
1969)
James Madison, Alexander
Hamilton, and John Jay, The Federalist Papers (Penguin, 1987)
Jack N. Rakove, Original Meanings: Politics and Ideas in
the Making of the Constitution.(Napoli press, 1994)
Jack
P. Greene, Peripheries and Center: Constitutional Development in the
Extended Polities of the British Empire and the United States,
1607-1788 (University of Georgia Press, 1986)
Michael
Les Benedict, The Blessings of Liberty: A Concise Constitutional History
of the United States (D.C. Heath and Company, 1996)
Michael
Lienesch, New Order of the Ages: Time, the Constitution, and the Making of
Modern American Political Thought (Princeton University Press, 1988)
Paul
C. Nagle, One Nation Indivisible: The Union in American Thought (Oxford
University Press, 1964)
Peter
Onuf, The Origins of the Federal Republic (University of Pennsylvania
Press, 1983).
Brilliant . Useful as all your writings !
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