Federalism

Federalism

Federalism today has gathered worldwide support . Whereas before federalism was treated with contempt with regard to the political structure of a nation . Such system enables a country to have the best of both worlds . The term federalism is derived from the Latin term foedus which means formal agreement or covenant . Thus , the United States being of a federal system of government enables governance in the different levels and branches of the government . These in turn , takes part in the decision-making process of the country

The United States as a federal

republic consists of nearby states of Hawaii and Alaska and the adjoining states . As a form of government the political power is divided between a central or national and smaller units like the provinces and states which have its own respective constitutions . Federalism is formed through the union of two or more formerly independent states under one sovereign government . Unlike a confederation which is an alliance of independent countries that retain their respective autonomies for joint action or cooperation on specific matters of mutual concern , a federal government on the other hand , the acts of the central government may directly affect the states beneath or under it or the member states and the individual citizens [Federalism , Microsoft Encarta 2005 .]

In a federalism , the powers are designated to the central government With regard to sovereignty , a federal nation has full sovereignty and exercises its external affairs with relation to the internal affairs of the central government . As Supreme court Justice Hugo L . Black wrote federalism is a proper respect for state functions , a recognition of the fact that the entire country is made up of a Union of separate State governments , and a continuance of the belief that the National Government will fare best if the States and their institutions are left free to perform their separate functions in their separate ways [Younger v . Harris , 401 U .S . 37 , 91 S . Ct . 746 , 27 L . Ed . 2d 669 [1971 Findlaw .com http /caselaw .lp .findlaw .com /cgi-bin /getcase .pl ?court US vol 401 invol 37]

As recorded in the Federalist s , a set of eighty-five essays written by Alexander Hamilton , James Madison and John Jay published in 1787 in New York , which recorded the strongest arguments in favour for federalism during the ratification of the United States Constitution federalism would allow the principle of popular sovereignty to continue and prevent the internal dissolution or uneven distribution of power [answers .com]

According to one of the of the Federalist s , the majority of the people must not be given too much power in a democracy . It must be constantly held in check and needs to be balanced in to make sure that the freedom of each state and individuals will not be jeopardized and will continue to be preserved

While a federation makes each states and unit subordinate to the central government , a confederation on the other hand , the union of sovereign states wherein each state is free to act independently . One of the advantages of federalism is the capacity of each branch of government to check on each other thereby providing a system of balance among them . The check is supported by the Constitution and may be decided by the Supreme Court . The checks mandated by the Constitution secure the rights of each individual to speak , vote , be treated fairly and afforded with respect and dignity . Moreover , federalism gives the citizens and the member states to a right of choice and exit . By giving the citizens the right to compare and choose which kind of political system would fit the nation , and vote for their choice of system which according to them would benefit them . As the right to exist has been the most violated and oppressed right among all the freedoms federalism in the United States affords the citizens to exit ' from this kind of system which will also be based from the votes of the people

Unlike in a unitary form of government , a citizen who is dissatisfied with the kind of government that he has , has no option but to migrate to other countries in to escape this kind of system in which his state is under , a federation gives the complete freedom of a system to migrate to other states which does not necessarily have the same kind of local governance and laws as his former state . As it is becoming harder and harder to secure international visas , much less , citizenship in other countries , a federalist nation provides solution to those individuals or citizens who are dissatisfied with their local autonomies

While a federal system of government may have a central government which oversees the various local units and member states under it and allocates the different responsibilities and roles of each member thereby creating unity in diversity . Unlike a unitary form of government wherein the central government holds the principal power over the administrative units of the central government , a federation has definite powers allotted to the central government . Being decentralized federalism allows the nation to be flexible in to accommodate whatever differences the nation might be incurring in terms of economy or culture

Take for instance Australia , which has been described by many commentators to be extremely homogeneous and accordingly , federalism does not fit at all with the kind of geography it has . But it has plainly evidenced that Australia , although culturally and socially is much diversified has enabled federalism to work for them . If not Western Australia would not have joined the Commonwealth and would have seceded , taking with it , two or more other states . The ethnicity and multiculturalism in a federation is thus , not a question whether or not a country will be able to sustain itself under a federal system of government because it is not only in terms of geography that federalism becomes effective but also in the diversity of culture and people in society

Federalism also provides for competition among the member states Although this may not always be healthy , it may nevertheless be good for the nation as federalism allows a competitive market for public goods thus making the government provide the tax-payers with their goods not to mention that these goods are at the lowest taxable prices Competition coupled with the right of exit also makes it harder for states systematically to favour particular regions while imposing the costs on other regions ' [Geoffrey Walker , Ten Advantages of a Federal Constitution : And How to Make the Most of Them ' excerpt from the Policy , 2000-2001 [http /www .onlineopinion .com .au /view .asp ?article 1265] While federalism has its many advantages like making the government closer to the people , a federal system of government has its fair share of disadvantages . Among these are the chances of leading to the duplication of the government while giving way to inefficient , and contradicting policies in various parts of the country . Take for instance the consensus about the law on death penalty . While other states may consider the death penalty to be constitutional , other states may not believe it to be so and it is left to the federal government , through the Supreme Court to decide , in a case to case basis , whether this is constitutional or not . Another example is the varying education system of each State which has differing curriculum and methods of assessing the students

Although there is unity in the diversity in a federal system of government , there may also exist a rivalry between each Member State which may not at all be healthy and would only be detrimental to the growth of each State . One common example is the way each State would try to steal ' major sporting events in to attract revenues not only for tourism but for business as well

But the most basic disadvantage of a federal system of government is the confusion that it will cause to the citizens particularly on the various levels of government to which an individual would want to refer some concerns . Furthermore , since the government is centralized , small errant groups may block some important changes which would certainly benefit the whole government but will not push through at all because such small groups could block the will of the majority of the people . For example a relatively small group of Southern senators blocked civil rights legislation for many years after most citizens favoured such legislation [http /phs .prs .k12 .nj .us ewood /amergov /USGov5th /chaptertwo .htm]

Aside from the United States , countries that have a federal system of government are Mexico , Canada , Australia , Germany , Switzerland and Malaysia . In Canada , the federal system of government is defined by dividing the powers of the federal parliament and the different provincial governments of the country . As provided by the Constitution Act of 1867 , the specific powers of legislation are allotted . Section 91 of the Constitution Act gives rise to Federal authority for legislation while section 92 of the same Act gives rise to the provincial powers ' [ Federalism , www .wikipedia .com]

On the other hand , Germany which has been branded as an oppressor of democracy before incidentally , has now the same system of government as that of the United States . In fact , Germany , which has a strong tradition of regional government ever since in 1871 when the German Empire was founded . As it was unified in 1990 , Germany now consists of 16 Laender or states , ten of which were from the former West Germany and five from the East and lastly Berlin . The system of land government is that of a parliamentary system , although most states have a unicameral kind of legislature , the representatives elected through popular voting Thus , the party who composes majority of the legislature controls the land government . It is the Basic Law of Germany which provides for the division of the authority between the federal government and the Laender or state . Therefore , the federal government may only exercise its authority with regard to those stipulated by the Basic Law

Ever since the publication of the Federalist s , the debate as to the intrinsic value of federalism in the United States has not yet been put to rest . Despite the numerous debates , the fact still remains that federalism has worked effectively for the United States and that it has made the threats of abuse among the various levels of government limited . Although federalism may have its fair share of disadvantages it however , depends on the citizens if they will continue with this kind of government . As to securing that there will be constant checking and balancing of powers and authorities , the Constitution has already made sure that the powers of each branch of government are delegated and not just contained in one branch which may increase the likelihood of abuse if not at all checked . The framers of the Constitution and our founding fathers have made sure and explicitly mentioned what are the powers that can and cannot be exercised by the national government and the other branches . Unlike other systems , federalism ensures that this is maintained at all times

Moreover , federalism does not only limit itself to governing the same groups of people . The United States in considered as the melting pot of the world . People from all walks of life , different races and ethnicity converge here . Federalism , instead of curtailing such diversity and uniqueness of the present American society has made sure that there is still unity . Indeed the unity in diversity provided by federalism in the United States has contributed into making the country into a super power since federalism has not only allowed the concentration of military and diplomatic resources into one common pool but it has also made possible the economic benefits derived from a larger market to be attained as the nation must be mutually compatible with its main values . [Schofield , Julian . Federalism and Confederalism ' Lecture Notes , Concordia University . 2003] . Lastly , as some commentators and political analysts claimed , federalism is not at all constant . It is always an ongoing negotiation of areas and issues that are not yet recognized , some may be applicable , others are not . It is up to the citizens through the legislators to decide whether this kind of system continues to secure them and ensure that nation will not be brought to collapse . After all , federalism ensures us the right to exit if this kind of system does not work anymore for the American people

Reference

Iallonardo , Tony , Finding Fault and Success in an Ambiguous Federal System ' US Mayor , April 17 , 2000

Katz , Ellis , Federalism is a Solution to Resolve Ethnic Conflict International Centre For Ethnic Studies ,[online] HYPERLINK "http /www .ices .lk /about /federalism .shtml http /www .ices .lk /about /federalism .shtml

O 'Neil , David , Federalism and the Supreme Court , Human Rights Magazine HYPERLINK "http /www .abanet .org /irr /hr /fall02 /federalism .html http /www .abanet .org /irr /hr /fall02 /federalism .html

Schofield , Julian , Federalism and Confederalism ' Lecture Notes Concordia University . 2003

Walker , Geoffrey , Ten Advantages of a Federal Constitution : And How to Make the Most of Them ' excerpt from the Policy , 2000-2001 [http /www .onlineopinion .com .au /view .asp ?article 1265

Younger v . Harris , 401 U .S . 37 , 91 S . Ct . 746 , 27 L . Ed . 2d 669 [1971] Findlaw .[online] HYPERLINK "http /caselaw .lp .findlaw .com /cgi-bin /getcase .pl ?court US vol 401 invol 37 http /caselaw .lp .findlaw .com /cgi-bin /getcase .pl ?court US vol 401 invol 37

Democracy ' HYPERLINK "http /www .australianpolitics .com www .australianpolitics .com

Federalism ' German Culture HYPERLINK "http /www .germanculture .com .ua /library /facts /bl_federalism .htm http /www .germanculture .com .ua /library /facts /bl_federalism .htm

Federalism , Microsoft Encarta 2005

Federalism , HYPERLINK "http /www .wikipedia .com " www .wikipedia .com ...