Federalism

“Federal System”
Federalism
 Federalism- The division of power
between the National and State
levels of government
NATIONAL GOVERNMENT
STATE/LOCAL GOVERNMENT
In a Federal System:
 there are at least two levels of
government that can make
decisions independent of each other
 the levels of government have a
protected right to exist
 Countries where Federalism
exists: United States, Canada,
Australia, India, Germany, and
Switzerland
Federalism
 The term “federal” came from the Latin
word “foedus” which refers to “treaty”,
implying the existence of more than one
set of authority.
 Therefore, a federation is a dual polity.
 Two sets of government; federal and
states operate independently and
distribution of power between the two is
defined constitutionally.
Federalism
 A political organization in which the
activities of government are
constitutionally divided between a
central government and regional
governments in such a way that
each kind of governments has some
activities on which it makes final
decisions.”
In a Federal System:
 Twenty-eight countries, home to over
40 per cent of the world’s people,
either call themselves federal or are
generally considered to be federal.
 Almost all democracies with very
large areas or very large populations
are federal.
 The state governments
 exist because of Constitution
 Federalism suited to democracies with
very large populations or territories or
with highly diverse populations that are
regionally concentrated.
 a significant part of the population to
have a sense of identity with the whole
country, as well as lively and engaged
political communities at the regional
level.
 Federalism is a democratic form of
government, rooted in constitutionalism
and the rule of law.
 It can be a sham in non-democratic
countries
Importance of Federalism
 Federalism provides the closest
institutional mechanism (solution)
combining shared rule for some
common purposes and self-rule for
regional interests …
 There is also pressure for smaller self-
governing units to accommodate
various forms of diversity and ethno
linguistic dissatisfaction.
 The increased demand for larger political
organizations due to rapid development
in transportation, communication
technology, other shared values,
interdependence (worldwide) etc
 In nations where there are conflicts

(tension) between those who want to
maintain the status quo & others who like
to restructure the state, federalism
presents a possible solution in
accommodating both interests
Federalism
 The single most cause of distention
between states and national
government-
 Is the power battle between
national government and state
government
 Usual argument is whether the
national government has the right
to impose rule on the states or if the
states should decide
Characteristics/Features of
Federal systems
 At least two orders of government.
 Division of Power
 Written and Supreme Federal
Constitution
 Rigid Constitution
 Intergovernmental Relations
 The Representative Institutions of
Federal Governments(e.g
Passport,
Forms of Power Division in federal
States
 Exclusive Power
 Exclusive power refers to the power
which a federal constitution
exceptionally provides to either level of
government (the federal or state
governments).
b) Concurrent Power
 This power is a common jurisdiction
between the federal government and
the states.
 Certain matters cannot be exclusively
left to either level of government.
 Overlap of jurisdictions is inevitable in
federal systems because demarcating
a clear boarder between those powers
that specifically belongs to the FG and
states is difficult for different reasons.
c) Residual Power
 Include powers not listed or exhaustively
listed in a constitution and assigned either
to the federal or state governments.
 In systems where such powers are given
to the regional states (which usually apply
to most federations), it allows regions to
entertain their diversity and express their
identity as it may allow independent
exercise of power by them.
Cont’
 In USA powers, not specifically listed as

federal affairs & not prohibited for
states to exercise, belongs to states.
 The same is true for Ethiopia,
Switzerland and Germany. However, in
India residual power is granted to the
Federal government.
Types of Federalism
 Based on how federal governments
execute their laws across their
whole territory (states) federations
can be classified as: Dual federalism
and executive federalism.
A) Dual Federalism
 In such systems, the allocation of
executive authority is co-extensive with
the distribution of legislative
responsibilities.
 because, if federal and state governments
are to remain autonomous each must
enforce (execute) the laws made by their
legislature.
 Therefore, not only legislative but also
executive, financial and judicial power
should be divided between them to
ensure their autonomy. (US)
B) Executive Federalism
 In such type of federations,
legislative authority may not
necessarily coincide with
administrative responsibility.
Administration of federal
legislations is usually
constitutionally assigned to regional
/state governments
 Germany, Swiss
The legal pluralism towards
federalism
 Theories of identity
 Diversity management vs
Diversity elimination
 Federalism/Consociationalism
 Assimilation/Genocide/secession
The supremacy clause in
federations
 Federal Constitutions VS State
Constitution
 Federal laws and states laws
 States laws with other states
laws(Horizonatal)
Whose power?
 Federal Supreme Court
 Constitutional
 IGR
Pre-Question
 What are implied powers and
enumerated powers?
…
 Implied Powers are not

specifically granted by the
Constitution
 Congress has the power to "make all
laws necessary and proper for carrying
into execution"
 Enumerated Powers are
specifically mentioned and defined
in the Constitution
Nullification
 The idea that states can pick and
choose what national laws they
want to follow
Powers Denied to the National
Government
 May not violate the Bill of Rights
 May not impose export taxes among
states
 May not use money from the
Treasury without the passage and
approval of an appropriations bill
 May not change state boundries
Powers Denied to the State
Government
 May not enter into treaties with
other countries
 May not print money
 May not suspend a persons rights
with due process
State Sovereignty
 Initiative- voters demand through
petition for an issue to be placed on
the ballot and voted on by the
general public.
 Referendum- the legislature places
the issue before the public for them
to decide
 Recall- voters remove an elected
official by asking for a new election
The Elastic Clause
 The Elastic cause states- the
government can make all laws necessary
and proper to carry out their given duties
is known as the necessary and proper
clause.

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“Federal System”

 In nations where there are conflicts

 In USA powers, not specifically listed as

 States laws with other states

 Implied Powers are not

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