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What Is a Federal ? A BACKGROUND ESSAY

The Founders were always cautious Senators. In this manner, both the states about power. They wrote and the people would have a say in the to make a strong federal . government, but also to limit its authority. One way they did this was by The Federalist/Anti-Federalist creating a federal republic. The national Debate government was given specific powers The two major political groups at and others remained with the states or the time of the Founding were the the people. These two separate powers Federalists and the Anti-Federalists. – the national government and They disagreed about the new – could co-exist because distribution of power. Many Anti- the national government was given only Federalists had been happy with the those powers listed in the Constitution. Articles of and feared Among these were the powers to that the central government created regulate commerce between states, by the Constitution would take over to coin money, to raise armies, and the states. They believed that the to collect taxes. The states have their states should keep more power, and own laws, but they are also subject to they argued that the new Constitution the laws of the federal government. should not be ratified. They did not like This type of political system is called the vague phrases about Congress’s . This separation makes powers, like “necessary and proper” states better able to create laws based and “general welfare.” They worried on the will of their citizens. States these words might be interpreted as could also come up with new ideas broad grants of power to allow the and experiments. If and when they federal government to interfere with the succeeded, other states could use these powers of the states and the of tested ideas in their own governments. the people. They also believed that the Another way federalism was Constitution needed a bill of rights that applied in the Constitution was listed some of Americans’ specific rights in the U.S. Congress. The people and prohibited the national government would be represented in the House from engaging in specific actions. of Representatives. States would be Federalists favored the Constitution equally represented in the Senate, with as written. They supported a strong each state legislature selecting two but limited central government with

Preserving the Bill of Rights © THE BILL OF RIGHTS INSTITUTE some of the powers formerly exercised Changes to Our Federal System by state governments. They believed The Seventeenth Amendment further that state powers and individuals’ rights changed the balance of federalism were protected under the Constitution when it was added to the Constitution because the central government’s role in 1913. The Seventeenth Amendment was limited by the list of enumerated let the people of each state directly powers and the list of denied powers. elect Senators to U.S. Congress. State The Constitution did not list powers governments would no longer be of states because it was assumed the represented in one house of Congress. states kept all the powers given to them Supporters of this change believed by their state except those it would result in less corruption and given to the federal government and more . Critics argued that those powers denied to states in the the change would result in more Constitution. federal laws that degraded [damaged] the power of states or that mandated The Tenth Amendment state spending with no federal funding The Federalists eventually won the attached. debate when the Constitution was The Fourteenth Amendment, ratified ratified [approved] in 1788, but calls for after the Civil War in 1868, dramatically a bill of rights continued. In fact, eight altered the federal republic created by states not only ratified the Constitution the Founders. By limiting the types of but also submitted lists of proposed laws states could pass, the amendment amendments. The one amendment weakened state . About sixty proposed by all became the Tenth years after it was passed, the Supreme Amendment. Court began using the Fourteenth The Tenth Amendment states: “The Amendment to apply Bill of Rights limits powers not delegated [given] to the to the states. Until the 1920s, the Bill by the Constitution, of Rights applied only to the federal nor prohibited by it to the states, are government. This expansion of the reserved to the states respectively, or Fourteenth Amendment became the to the people.” The Founders included basis for equal protection under federal the Tenth Amendment to support the for all individuals in the states, too. constitutionally-limited nature of the Legislation also changed the federal government. It states again balance of power between the national that the states and the people keep all government and the states. After powers not given by the Constitution the Civil War, a majority of states to the federal government. If a power is enacted Jim Crow laws requiring racial not given to the federal government, it segregation. By September 1949, only remains with the states or the people. fifteen U.S. states lacked segregation

© THE BILL OF RIGHTS INSTITUTE Preserving the Bill of Rights laws. The U.S. armed forces and much Supporters of federalism, however, of the federal government were also argue that individuals and families who segregated. In response to state dislike the laws in one state have the segregation laws, many argued for freedom to move to a different state more federal power. They pointed to with different laws. States can make the legal inequality and violation of policies that meet the needs of their natural rights caused by such laws. They citizens, or adopt successful policies claimed a strong federal government from other states. What is acceptable could correct such wrongs. They argued for people in some states—casinos that states often commit wrongful acts, and gambling, for example—may not and that the federal government should be welcome in others. Finally, some correct these wrongs. Others disagreed, supporters of federalism ask: Why arguing that the federal government would the people elected to federal did nothing to protect citizens’ rights offices protect people’s rights any better over decades of segregation. The 1954 than people in state offices would? Supreme Court case Brown v. Board of The answer to these questions, they Education struck one of the first major say, is not to trust certain leaders more blows against segregation. Just ten than others, but to hold all officials years later, the Civil Rights Act (1964) accountable to the requirements set by and the Voting Rights Act (1965) closed the Constitution. the curtain on the Jim Crow era. These The Founders believed, like many laws and the enforcement of them came political philosophers, that the desire almost a century after the passage of for power was natural. This power could the Fourteenth Amendment. be used to do bad things as easily as it could be used to do good things. The The Debate over Federalism American federal system was designed Debates over federalism often turn to to prevent abuses of power and to other topics. Critics of federalism argue protect freedom. that a strong national government is Neither a very strong federal system needed to address unequal treatment nor complete state independence is by states. They state that the many perfect. Finding the right balance of different state laws across the country power has been important to — also can make it difficult for individuals as well as controversial—throughout our and families who travel or move. history.

Preserving the Bill of Rights © THE BILL OF RIGHTS INSTITUTE Comprehension Questions 1. What is federalism? 2. What does the Tenth Amendment state? 3. How did the Fourteenth and Seventeenth Amendments change the system of federalism originally established in the Constitution? 4. How involved should the national government be in making laws about the following controversial topics? Use the Constitution, the Tenth Amendment, and the Fourteenth Amendment to support your reasoning. a. Health insurance d. Medical marijuana b. Education standards e. Assisted suicide c. Marriage and family law

© THE BILL OF RIGHTS INSTITUTE Preserving the Bill of Rights