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Essays on Federalism

When it comes to writing an essay on Federalism, there are many topics to choose from. Federalism is a complex and multifaceted concept that has been at the heart of political discourse for centuries. From its origins in the United States to its application in other countries around the world, Federalism has been a topic of debate and discussion for scholars, policymakers, and citizens alike.

Comparison between Federalism and Unitarism

One of the most popular topics when it comes to Federalism is the comparison between Federalism and Unitarism. This topic delves into the differences between the two systems of government and the pros and cons of each. It also explores the historical context of Federalism and Unitarism and how they have been applied in different countries.

Role of Federalism in promoting democracy and protecting individual rights

Another popular topic is the role of Federalism in promoting democracy and protecting individual rights. This topic looks at how Federalism can be a safeguard against tyranny and how it can promote citizen participation in government. It also examines the ways in which Federalism can prevent the concentration of power in the hands of a few and ensure that the rights of all citizens are protected.

Impact of Federalism on public policy

The impact of Federalism on public policy is another important topic to consider. This topic explores how Federalism influences the development and implementation of public policies in areas such as healthcare, education, and environmental protection. It also looks at the challenges and opportunities that Federalism presents for policymakers at the federal, state, and local levels.

Role of Federalism in addressing social and economic inequality

The role of Federalism in addressing social and economic inequality is also a timely and relevant topic. This topic examines how Federalism can be used to promote economic development, reduce poverty, and address social disparities. It also looks at the potential drawbacks of Federalism in addressing these issues and how policymakers can navigate these challenges.

Impact of Federalism on intergovernmental relations

The impact of Federalism on intergovernmental relations is another important aspect to consider. This topic explores the dynamics of the relationship between the federal government and state and local governments. It also examines the mechanisms through which intergovernmental cooperation and conflict can be resolved and how Federalism can be used to promote effective governance.

Impact of Federalism on political parties and electoral systems

The impact of Federalism on political parties and electoral systems is another interesting topic to explore. This topic looks at how Federalism influences the formation and operation of political parties and the conduct of elections. It also examines the ways in which Federalism can either promote or hinder political competition and the representation of diverse interests.

Role of Federalism in promoting cultural diversity and minority rights

The role of Federalism in promoting cultural diversity and minority rights is another important topic to consider. This topic examines how Federalism can be used to protect the rights of minority groups and preserve cultural heritage. It also looks at the challenges and opportunities that Federalism presents for promoting inclusion and diversity in society.

Impact of Federalism on public administration and governance

The impact of Federalism on public administration and governance is also an important topic to explore. This topic examines how Federalism influences the structure and operation of public institutions and the delivery of public services. It also looks at the ways in which Federalism can promote administrative efficiency and accountability.

Role of Federalism in addressing global challenges

The role of Federalism in addressing global challenges such as climate change, migration, and security is another important topic to consider. This topic explores how Federalism can be used to coordinate international efforts to address these challenges and the potential obstacles that Federalism presents in this regard.

The choice of Federalism essay topics is vast and varied. From the comparison between Federalism and Unitarism to the impact of Federalism on public policy, intergovernmental relations, political parties, cultural diversity, and global challenges, there are many important and relevant topics to explore. By choosing a topic that is of interest and relevance, students and scholars can delve into the complexities of Federalism and contribute to the ongoing debate and discussion surrounding this important concept.

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Study Notes

Unit 4 Essay Advice: "How significant is Federalism in the United States?"

Last updated 22 Mar 2021

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This Study Note lists many of the key terms you would need to understand and use if you answered this question in the exam, and also 10 super examples to help you gain the highest possible marks.

Make sure you can explain each of the terms below:

• Federal Government
• State Government
• Article I of the Constitution
• Article II of the Constitution
• Article IV of the Constitution
• Federal Supremacy
• Block Grants
• Elastic Clause
• 10th Amendment
• Cooperative Federalism
• New Federalism
• Dual Federalism
• Executive Power
• Limited Government
• Commerce Clause

Contemporary Examples

Federalism is significant in the United States:

• Federalism has allowed states to make decisions on a local level and in effect become ‘policy labs’ such as pollution permits in California in 2008
• Federalism allows better representation of people, allowing those who voted for the party other than the Presidents’ to feel represented such as Florida, New Mexico, Illinois, Iowa and Wisconsin that have Republican Governors but voted Democratic in 2012 Presidential election
• The State of Colorado legalised cannabis in 2014, which shows the flexibility of Federalism in the United States

Federalism is not significant in the United States:

• President Obama has seen a reduction in the significance of federalism, moving from states as a welfare provider to the Federal Government with the Affordable Care Act 2010
• George W Bush’s presidency saw huge rises in Federal Government power with the PATRIOT Act and expansion of education and Medicare, resulting in more power to the centre.
• Federalism promotes regionalism over patriotism as seen in the efforts made by some to get Texas to secede in 2015

Historical Examples

Federalism is significant in the United States :

• Federalism itself was a compromise by the Founding Fathers who wanted a balanced system of government after the failed Articles of Confederation.
• Federalism has allowed the Federal Government to support states financially for projects which they would otherwise be unable to afford on their own. The Tennessee Valley Authority is a good example.
• There was a huge rush of power to the Federal Government during the 1930s as a result of the New Deal programme instituted by Franklin D Roosevelt.
• Federalism allowed states to give different rights to minorities in the state. Southern states ignored the 14th and 15th amendments until the Civil Rights Act of 1964
• Quasi-Federalism
• States' Rights

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• The Federalist

Alexander Hamilton, James Madison, and John Jay

• Literature Notes
• Essay Questions
• About The Federalist
• Summary and Analysis
• Section I: General Introduction: Federalist No. 1 (Alexander Hamilton)
• Section I: General Introduction: Federalist No. 2 (John Jay)
• Section I: General Introduction: Federalist No. 3 (Jay)
• Section I: General Introduction: Federalist No. 4 (Jay)
• Section I: General Introduction: Federalist No. 5 (Jay)
• Section I: General Introduction: Federalist No. 6 (Hamilton)
• Section I: General Introduction: Federalist No. 7 (Hamilton)
• Section I: General Introduction: Federalist No. 8 (Hamilton)
• Section II: Advantages of Union: Federalist No. 9 (Hamilton)
• Section II: Advantages of Union: Federalist No. 10 (James Madison)
• Section II: Advantages of Union: Federalist No. 11 (Hamilton)
• Section II: Advantages of Union: Federalist No. 12 (Hamilton)
• Section II: Advantages of Union: Federalist No. 13 (Hamilton)
• Section II: Advantages of Union: Federalist No. 14 (Madison)
• Section III: Disadvantages of Existing Government: Federalist No. 15 (Hamilton)
• Section III: Disadvantages of Existing Government: Federalists No. 16-20 (Madison and Hamilton)
• Section III: Disadvantages of Existing Government: Federalist No. 21 (Hamilton)
• Section III: Disadvantages of Existing Government: Federalist No. 22 (Hamilton)
• Section IV: Common Defense: Federalists No. 23-29 (Hamilton)
• Section V: Powers of Taxation: Federalists No. 30-36 (Hamilton)
• Section VI: Difficulties in Framing Constitution: Federalists No. 37-40 (Madison)
• Section VII: General Powers: Federalists No. 41-46 (Madison)
• Section VIII: Structure of New Government: Federalists No. 47–51 (Madison or Hamilton)
• Section IX: House of Representatives: Federalists No. 52–61 (Madison or Hamilton)
• Section X: United States Senate: Federalists No. 62–66 (Madison or Hamilton)
• Section XI: Need for a Strong Executive: Federalist No. 67 (Hamilton)
• Section XI: Need for a Strong Executive: Federalist No. 68 (Hamilton)
• Section XI: Need for a Strong Executive: Federalists No. 69-74 (Hamilton)
• Section XI: Need for a Strong Executive: Federalists No. 75-77 (Hamilton)
• Section XII: Judiciary: Federalist No. 78 (Hamilton)
• Section XII: Judiciary: Federalist No. 79 (Hamilton)
• Section XII: Judiciary: Federalist No. 80 (Hamilton)
• Section XII: Judiciary: Federalist No. 81 (Hamilton)
• Section XII: Judiciary: Federalist No. 82 (Hamilton)
• Section XII: Judiciary: Federalist No. 83 (Hamilton)
• Section XIII: Conclusions: Federalist No. 84 (Hamilton)
• Section XIII: Conclusions: Federalist No. 85 (Hamilton)
• About the Authors
• Introduction
• Alexander Hamilton Biography
• James Madison Biography
• John Jay Biography
• Cite this Literature Note

Study Help Essay Questions

1. What, essentially, is the difference between a federal government and a confederation of states? Between a republic and a democracy? What is the meaning of "anarchy" by strict definition? And by loose definition, the form commonly used?

2. To get an idea of the structure and scope of the book, review the outline (Chapter 1) of the main themes to be developed in the essay series.

3. Do you believe our nation was established by the "design of Providence" and that Americans at the time were "one people . . . descended from the same ancestors," as Jay (Chapter 2) contended?

4. Explain your reasons for agreeing, or not, with Hamilton's argument (Chapter 6) that commerce, far from being a pacifying influence among men and nations, only whets the appetite for wealth and power, generating rivalries conducive to strife.

5. Review Hamilton's argument (Chapter 8) about "STANDING ARMIES, and the correspondent appendages of military establishments."

6. Is politics, as Hamilton contended (Chapter 9), a "science"? Or is it the "art of the possible," as others have said? Be explicit in explaining your views.

7. Do you agree, or not, with Madison's view (Chapter 10) that the greatest source of "factions," or political parties, has always been the "various and unequal distribution of property"? Give examples in support of your opinion.

8. In what specific ways, in Hamilton's words (Chapter 11), has the United States been able "to dictate the terms" between the New World and the Old?

9. What do you think of Hamilton's pronouncement (Chapter 12) that the national government's chief source of revenue should come from "imperceptible" taxes on consumption? Is that equitable, or not? Do you favor a sales tax at any level of government? Why, or why not?

10. What is the point of Hamilton's argument (Chapter 17) that the feudal system of medieval Europe "partook of the nature" of confederacies? Is this historical analogy a sound one? Why, or why not?

11. In view of his dislike and profound distrust of the people and his confessed aversion to popular forms of government, what was Hamilton's purpose in saying (Chapter 22) that the "American Empire ought to rest on the solid basis of THE CONSENT OF THE PEOPLE"? Was this an argument against states' rights?

12. Review carefully what Hamilton set forth (Chapters 21–22) as the six major defects in the national government under the Articles of Confederation.

13. Review Hamilton's reasons for believing that, under the proposed constitution, the military could not become so strong as to dominate and even upset civilian rule, as had happened in so many countries. What, specifically, would be the checks on top American military men?

14. Has the militia system (the national guard system, as it is now called) worked out as well as Hamilton anticipated? What is its function today? Under whose command is it?

15. Do you agree, or not, with Hamilton's view that a large standing military establishment in times of relative peace and quiet is a constant menace to the people's liberties and civil rights? Be explicit in supporting your view.

16. Review Hamilton's explanation (Chapter 34) about what "concurrent jurisdiction" was and how it would operate in the field of taxation.

17. Do you believe, as Hamilton did (Chapters 35–36), that a legislature made up almost exclusively of large landowners, merchants, and lawyers could and would "truly represent" all classes and interests in the community? Be explicit in supporting your view.

18. Review Madison's argument (Chapter 39) about how the proposed new government would be at once federal and national under a "mixed Constitution."

19. Considering the Federalist arguments up to Chapter 39, do you think that the Constitutional Convention, exceeding its official instructions, was justified in drafting a whole new constitution? When, if ever, should official instructions and commissions be disobeyed?

20. Do you agree, or not, with Madison's argument (Chapter 41) that the national government should have "unlimited" power in levying taxes and borrowing money. If not, why not?

21. Review Madison's views (Chapter 42) about the slave trade.

22. What was Madison's argument (Chapter 45) to show that the "unlimited" powers to be granted to the national government would not be dangerous to the authority of the states?

23. How effective could the resistance of the states be (Chapter 46) if the national government exceeded its delegated powers?

24. What do you make of the argument (Chapters 47–48) that while separation of powers among the three main branches of government was a "sacred maxim of free government," yet such powers could not be "kept totally separate and distinct"? Why not?

25. Review the arguments (Chapters 49–51) against "occasional" or "periodical" appeals to the people to determine their views on constitutional questions.

26. Review the arguments (Chapters 52–53) in support of biennial elections to the House of Representatives.

27. What do you think of the argument (Chapter 54) that slaves, though to be counted in the general population, were to be counted as only three-fifths of a man when it came to determining how many members in the House each state was entitled to? Did this give Southern states undue weight and influence in the House? Was this an issue in the Civil War?

28. What are the arguments for and against having the states enjoy equal representation in the Senate — two senators (two votes) for each state, regardless of wealth, size, or population? Does this give the smaller states undue weight and influence in national councils?

29. Review the explanation (Chapter 64) of why it would be desirable for the Senate to have a voice in signing foreign treaties.

30. Should the Senate have a determining voice (Chapter 66) in approving or disapproving the appointment of those chosen by the president for high government offices, such as members of his cabinet, justices of the Supreme Court, and so on?

31. List the principal powers of the president, making brief notes on the character of each and how it operates.

32. In what fields is the president restricted from acting without the advice and consent of the Senate? Do you consider such restrictions desirable, or not? Why?

33.     Review Hamilton's explanation (Chapter 68) of how the electoral

34. college would work and be composed of "men most capable" of analyzing the situation, calmly deliberating, and coming to a judicious conclusion about the candidate best qualified to become president. Has the electoral college system worked out that way? Is the college today a deliberative body with a free choice of its own, as originally envisioned?

35. What is "impeachment"? Who initiates and conducts such proceedings, and on what charges and causes? What presidents have been impeached? What were the final dispositions of the impeachments?

36. Review the argument (Chapter 78) on whether the United States Supreme Court should have the authority to declare acts of Congress null and void because "unconstitutional." Do you, or do you not, think the Supreme Court should have such authority? Explain your reasons.

37. Review the explanation (Chapter 82) of how the "doctrine of concurrent jurisdiction" between national and state courts would work. Has it worked in practice? In general, what type of cases go to the federal courts? What type to the state and county courts?

38. Read the Constitution, especially the preamble, noting the main aims the Constitution was designed to achieve.

39. Read the first ten amendments and list the rights to which every individual American is entitled regardless of race, creed, or color. Are these rights in full effect today, some two centuries after they became the supreme law of the land? Give examples pro and con.

40. Are the Federalist papers persuasive and convincing? If you had been a voter at the time and of a divided mind about immediate ratification of the proposed constitution without prior modification or amendments, would the Hamilton-Madison-Jay arguments have made a Federalist of you? Explain why, or why not.

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102 Federalism Essay Topic Ideas & Examples

Inside This Article

Federalism is a system of government in which power is divided between a central authority and constituent political units, such as states or provinces. This system allows for a balance of power and autonomy between the different levels of government, ensuring that no single entity has unchecked authority.

When writing an essay on federalism, there are a wide range of topics to choose from. To help spark your creativity, here are 102 federalism essay topic ideas and examples:

• The history of federalism in the United States
• The advantages and disadvantages of federalism
• The role of federalism in a democracy
• How federalism impacts the distribution of power in the government
• The impact of federalism on economic policy
• The role of federalism in protecting individual rights
• The relationship between federalism and the separation of powers
• The impact of federalism on social policy
• The role of federalism in promoting diversity and inclusivity
• The impact of federalism on education policy
• The role of federalism in environmental protection
• The impact of federalism on healthcare policy
• The role of federalism in promoting economic growth
• The impact of federalism on criminal justice policy
• The relationship between federalism and immigration policy
• The impact of federalism on foreign policy
• The role of federalism in disaster response and emergency management
• The impact of federalism on civil rights and liberties
• The relationship between federalism and voting rights
• The role of federalism in regulating commerce and trade
• The impact of federalism on taxation policy
• The relationship between federalism and social welfare programs
• The role of federalism in promoting innovation and entrepreneurship
• The impact of federalism on public infrastructure and transportation policy
• The relationship between federalism and public safety and law enforcement
• The role of federalism in promoting environmental sustainability
• The impact of federalism on public health policy
• The relationship between federalism and labor and employment policy
• The role of federalism in promoting gender equality and LGBTQ rights
• The impact of federalism on housing and urban development policy
• The relationship between federalism and education funding
• The role of federalism in promoting cultural preservation and diversity
• The impact of federalism on agricultural policy
• The relationship between federalism and energy policy
• The role of federalism in promoting affordable housing and homelessness prevention
• The impact of federalism on transportation infrastructure and development
• The relationship between federalism and criminal justice reform
• The role of federalism in promoting mental health and substance abuse treatment
• The impact of federalism on immigration enforcement and border security
• The relationship between federalism and cybersecurity policy
• The role of federalism in promoting international trade and diplomacy
• The impact of federalism on national security and defense policy
• The relationship between federalism and emergency response and disaster recovery
• The role of federalism in promoting social justice and equity
• The impact of federalism on rural development and economic growth
• The relationship between federalism and tribal sovereignty and self-governance
• The role of federalism in promoting public-private partnerships and collaboration
• The impact of federalism on technology policy and innovation
• The relationship between federalism and healthcare access and affordability
• The role of federalism in promoting workforce development and job training
• The impact of federalism on infrastructure funding and investment
• The relationship between federalism and climate change mitigation and adaptation
• The role of federalism in promoting public safety and crime prevention
• The impact of federalism on education equity and access
• The relationship between federalism and criminal justice disparities
• The role of federalism in promoting community development and revitalization
• The impact of federalism on disaster preparedness and response
• The relationship between federalism and social service delivery
• The role of federalism in promoting civic engagement and political participation
• The impact of federalism on public health preparedness and response
• The relationship between federalism and cybersecurity threats and vulnerabilities
• The role of federalism in promoting workforce diversity and inclusion
• The impact of federalism on transportation equity and accessibility
• The relationship between federalism and environmental conservation and preservation
• The role of federalism in promoting public health equity and access
• The impact of federalism on criminal justice effectiveness and efficiency
• The relationship between federalism and education quality and outcomes
• The role of federalism in promoting economic development and prosperity
• The impact of federalism on social welfare effectiveness and efficiency
• The relationship between federalism and disaster resilience and

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Lesson Plan: Federalism in the United States

States' Rights and the Tenth Amendment

Roger Pilon and Louis Michael Seidman talked about the Tenth Amendment and the concept of states' rights.

Description

Federalism is the system in the U.S. government in which power is distributed and shared between the federal government and state governments. It was created through many different aspects of the U.S. Constitution, including the 10th amendment. Over time, federalism and the relationship between the federal and state governments have evolved because how different clauses of the U.S. Constitution have been interpreted and the reality of issues in the country. In this lesson, students will learn about the system of federalism, its constitutional basis, and its significance on public policy issues throughout the country.

INTRODUCTION

Have each student create a chart with three headings: "Federal Power," "State Power," and "Shared Power." Have students list powers that they believe are held by the federal government, state governments, or are shared. Then, have them discuss and debate their list with a partner or small group. Finally, discuss and debate the different powers and who holds them as an entire class.

Break students into groups and have each group view the following video clips. Students should take notes using the handout provided or answer the individual Bell Ringer questions, and then share their findings with the rest of the class.

HANDOUT: Federalism Handout (Google Doc)

Video Clip: States' Rights and the Tenth Amendment (3:52)

Video Clip: Federalism vs States' Rights (0:57)

Constitution Accountability Center President Elizabeth Wydra discusses Federalism vs States' Rights.

Video Clip: Federalism and Powers of the Congress (4:25)

Senator Mike Lee discussed the concept of federalism and the powers of Congress. He discussed the issue of state laws about the legalization of marijuana while explaining the enumerated powers, the necessary and proper clause and the interstate commerce clause of the Constitution.

Video Clip: The Role of State and Local Governments (6:03)

National Association of Counties' Bryan Desloge and Peter McLaughlin talked about and the role of state and local governments across the country and the need for more federal-state-local partnerships.

Video Clip: The Supremacy Clause (3:15)

CLIP 1: Rep. Tom McClintock (R-CA) discussed the Supremacy Clause and the powers of the states. CLIP 2: KrisAnne Hall talked about her book Sovereign Duty, and how the Supremacy Clause enforces the Constitution.

After watching the videos and reporting out to the class, have students watch the following videos and discuss the questions below.

Video Clips: Federalism Issues (2 clips)

VIDEO CLIP 1. Jonathan Rauch discusses the concept of federalism as well as several policy issues in conflict between state and federal governments. 

VIDEO CLIP 2. Rep. Tom McClintock (R-CA) and Rep. John Fleming (R-LA) debate Federal vs. States laws as they pertain to the legalization of marijuana.

Why does Jonathan Rauch say that the United States is “in a period of ferment on federalism?” What are the two questions that need to be asked on these issues?

Explain the policy issues and the conflict that each are creating in regards to federalism according to Jonathan Rauch.

What does Jonathan Rauch say is not in question regarding federalism? Describe what is in question for these issues.

• How does the debate between Rep. Tom McClintock (R-CA) and Rep. John Fleming (R-LA) illustrate the system of federalism and the complexity it can cause on public policy issues.

After watching the concluding videos and discussing the questions, have students write an essay (or similar culminating activity) on a public policy issue that illustrates the complexity of federalism. Students can use the C-SPAN Video Library or other resources for research. Each essay should include:

Background of the public policy issue

The current controversy of the issue and how it illustrates the complexity of federalism

• Whether they believe the issue should be controlled by the federal government, state government, or shared. Students should use constitutional justifications based on their chart and classroom discussions.

EXTENSION ACTIVITIES:

Argumentative Essay Free Response Question- Respond to this writing prompt (Google Doc) presented in the style of the Argumentative Question component of the redesigned AP Government and Politics exam.

Concept Application Questions Free Response Question- Respond to this writing prompt (Google Doc) presented in the style of the Argumentative Question component of the redesigned AP Government and Politics exam.

• 10th Amendment
• Commerce Clause
• Concurrent Powers
• Constitution
• Exclusive Powers
• Necessary And Proper Clause
• Separation Of Powers
• Supremacy Clause
• Supreme Court

Handout A: What Is a Federal Republic? (Background Essay)

The Founders were always cautious about government power. They wrote the Constitution to make a strong government, but also to limit its authority. One way they did this was by creating a federal republic. The national government was given specific powers and others remained with the states or the people. These two separate powers – the national government and state governments – could co-exist because the national government was given only those powers listed in the Constitution.

Among these were the powers to regulate commerce between states, to coin money, to raise armies, and to collect taxes. The states have their own laws, but they are also subject to the laws of the federal government. This type of political system is called federalism. This separation makes states better able to create laws based on the will of their citizens. States could also come up with new ideas and experiments. If and when they succeeded, other states could use these tested ideas in their own governments.

Another way federalism was applied in the Constitution was in the U.S. Congress. The people would be represented in the House of Representatives. States would be equally represented in the Senate, with each state legislature selecting two Senators. In this manner, both the states and the people would have a say in federal laws.

The Federalist/Anti-Federalist Debate

The two major political groups at the time of the Founding were the Federalists and the Anti-Federalists. They disagreed about the new distribution of power. Many Anti-Federalists had been happy with the Articles of Confederation and feared that the central government created by the Constitution would take over the states. They believed that the states should keep more power, and they argued that the new Constitution should not be ratified. They did not like the vague phrases about Congress’s powers, like “necessary and proper” and “general welfare.” They worried these words might be interpreted as broad grants of power to allow the federal government to interfere with the powers of the states and the liberties of the people. They also believed that the Constitution needed a bill of rights that listed some of Americans’ specific rights and prohibited the national government from engaging in specific actions.

Federalists favored the Constitution as written. They supported a strong but limited central government with some of the powers formerly exercised by state governments. They believed that state powers and individuals’ rights were protected under the Constitution because the central government’s role was limited by the list of enumerated powers and the list of denied powers. The Constitution did not list powers of states because it was assumed the states kept all the powers given to them by their state constitutions except those given to the federal government and those powers denied to states in the Constitution.

The Tenth Amendment

The Federalists eventually won the debate when the Constitution was ratified [approved] in 1788, but calls for a bill of rights continued. In fact, eight states not only ratified the Constitution but also submitted lists of proposed amendments. The one amendment proposed by all became the Tenth Amendment.

The Tenth Amendment states: “The powers not delegated [given] to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.” The Founders included the Tenth Amendment to support the constitutionally-limited nature of the federal government. It states again that the states and the people keep all powers not given by the Constitution to the federal government. If a power is not given to the federal government, it remains with the states or the people.

Changes to Our Federal System

The Seventeenth Amendment further changed the balance of federalism when it was added to the Constitution in 1913. The Seventeenth Amendment let the people of each state directly elect Senators to U.S. Congress. State governments would no longer be represented in one house of Congress. Supporters of this change believed it would result in less corruption and more democracy. Critics argued that the change would result in more federal laws that degraded [damaged] the power of states or that mandated state spending with no federal funding attached.

The Fourteenth Amendment, ratified after the Civil War in 1868, dramatically altered the federal republic created by the Founders. By limiting the types of laws states could pass, the amendment weakened state sovereignty. About sixty years after it was passed, the Supreme Court began using the Fourteenth Amendment to apply Bill of Rights limits to the states. Until the 1920s, the Bill of Rights applied only to the federal government. This expansion of the Fourteenth Amendment became the basis for equal protection under federal law for all individuals in the states, too.

Legislation also changed the balance of power between the national government and the states. After the Civil War, a majority of states enacted Jim Crow laws requiring racial segregation. By September 1949, only fifteen U.S. states lacked segregation laws. The U.S. armed forces and much of the federal government were also segregated. In response to state segregation laws, many argued for more federal power. They pointed to the legal inequality and violation of natural rights caused by such laws. They claimed a strong federal government could correct such wrongs. They argued that states often commit wrongful acts, and that the federal government should correct these wrongs. Others disagreed, arguing that the federal government did nothing to protect citizens’ rights over decades of segregation. The 1954 Supreme Court case Brown v. Board of Education struck one of the first major blows against segregation. Just ten years later, the Civil Rights Act (1964) and the Voting Rights Act (1965) closed the curtain on the Jim Crow era. These laws and the enforcement of them came almost a century after the passage of the Fourteenth Amendment.

The Debate over Federalism

Debates over federalism often turn to other topics. Critics of federalism argue that a strong national government is needed to address unequal treatment by states. They state that the many different state laws across the country also can make it difficult for individuals and families who travel or move.

Supporters of federalism, however, argue that individuals and families who dislike the laws in one state have the freedom to move to a different state with different laws. States can make policies that meet the needs of their citizens, or adopt successful policies from other states. What is acceptable for people in some states—casinos and gambling, for example—may not be welcome in others. Finally, some supporters of federalism ask: Why would the people elected to federal offices protect people’s rights any better than people in state offices would? The answer to these questions, they say, is not to trust certain leaders more than others, but to hold all officials accountable to the requirements set by the Constitution.

The Founders believed, like many political philosophers, that the desire for power was natural. This power could be used to do bad things as easily as it could be used to do good things. The American federal system was designed to prevent abuses of power and to protect freedom.

Neither a very strong federal system nor complete state independence is perfect. Finding the right balance of power has been important to liberty—as well as controversial—throughout our history.

Comprehension Questions

• What is federalism?
• What does the Tenth Amendment state?
• How did the Fourteenth and Seventeenth Amendments change the system of federalism originally established in the Constitution?
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