THE US CONSTITUTION and FEDERALISM

Popular consent was most evident in the procedure for choosing members of the House of Representatives. However, popular consent was limited by the requirements that senators be elected by their state legislatures and presidents by the Electoral College. Powers were separated among branches that then had to cooperate to effect change. Thus, separation of powers was joined with a system of checks and balances. This, it was hoped, would prevent tyranny, even by a popular majority.

Federalism came to mean a system in which both the national and state governments had independent authority. Allocating powers between these two levels of government and devising means to ensure that neither large nor small states would dominate the national government required the most delicate compromises at the Philadelphia convention. The Framers’ decision to protect the institution of slavery was another compromise, which presumably helped to ensure the Constitution’s ratification by states engaged in the slave trade.

In the drafting of the Constitution and the struggle for its ratification, the positions people took were determined by a variety of factors. In addition to their economic interests, these included profound differences of opinion over whether the state governments or the national government would be the best protector of personal liberty.

States participate actively both in determining national policy and in administering national programs. Moreover, they reserve to themselves or to localities within them important powers over such public services as schooling and law enforcement, and such important public decisions as land use. In a unitary system, these powers are exercised by the national government.

How one evaluates federalism depends in large part on the value one attaches to the competing criteria of equality and participation. Federalism means that citizens living in different parts of the country will be treated differently. This applies not only to spending programs (such as welfare), but also to legal systems (where civil rights may be differentially protected or criminal sentencing may vary). Yet federalism also means that there are more opportunities to participate in the decision making. It allows people to influence what is taught in the schools, and to decide where highways and other government projects will be built. Indeed, differences in public policy—that is, unequal treatment—are largely the result of wider participation in decision making. It is difficult, perhaps even impossible, to have more of one of these values without having less of the other.

ESSENTIAL QUESTIONS

The purpose of this chapter is to give the student a preview of the major questions to be asked throughout the textbook and to introduce key terms. After reading and reviewing the material in this chapter the student should be able to do each of the following:

• Why did the colonists feel they were entitled to “natural rights"?

• Why is a government considered legitimate?

• What were the flaws of the Articles of Confederation?

• Which was a better plan for union? Virginia or New Jersey? Why?

• What were the strengths and weaknesses of the “Great Compromise”?

• Why is the separation of powers and federalism key parts of the Constitution?

• Was a bill of rights really necessary to include in the Constitution? Why was it added?

• What is the most important constitutional reform advocated today? Why?

• How have national and state powers been interpreted by the courts?

• What are the strengths and weaknesses of federal grants-in-aid to the states?

• Which is better, categorical grants or block grants? Why?

• Do you support devolution of powers to state governments? Explain.