3.2

Governmental Structure

Definition of Federalism

  • Federalism: A political system characterized by the division of authority between local (territorial, regional, provincial, state, or municipal) units of government and a national government.

    • The national government has the power to make final decisions regarding certain governmental activities, which are protected under the constitution.

    • Local units of government can exist independently of the national government’s preferences and can make decisions in certain matters without its intervention.

Existence of Local Governments

  • Most nations possess some form of local government to decentralize the administrative burden of governance.

  • Not all local governments are considered federal unless they:

    • Function independently from the national government.

    • Possess the authority to make decisions without national government preferences.

Examples of Federal and Unitary Systems

  • Countries with federal systems:

    • United States

    • Canada

    • Australia

    • India

    • Germany

    • Switzerland

  • Countries with unitary systems:

    • France

    • Great Britain

    • Italy

    • Sweden

    • In unitary systems, local governments can be altered or abolished by the national government and lack claim to final authority over significant activities.

Protection and Independence of Subnational Governments

  • The independence of subnational governments in federal systems is supported by:

    • The constitution.

    • Societal habits, preferences, and the actual distribution of political power.

  • The former Soviet Union had a theoretical federal structure but lacked true independence for its republics, as they were controlled by the central government.

  • In the U.S., state independence is asserted through the commitment of citizens to local self-governance and the responsiveness of Congress to local constituencies.

Federalism's Political Dynamics

  • David B. Truman's Perspective: Federalism creates separate, self-sustaining centers of power, where local political figures derive their authority from local interests.

  • The national government maintains vast powers but often exercises them through state governments, implying that the national government primarily interacts with local units.

Conflicts and Responsibilities

  • Confusion around responsibilities frequently arises, especially during crises:

    • Natural disasters (e.g., Hurricane Katrina) bring to light the challenges in coordinating aid across federal and state agencies.

    • The COVID-19 pandemic highlighted disputes over responsibilities regarding medical supplies and public health decisions.

Historical Perspectives on Federalism

  • Federalism encompasses aspects both positive and negative, including:

    • Positive: Empowerment and leadership in advancing civil rights and environmental policies (Daniel J. Elazar).

    • Negative: Perpetuation of systemic racism and obstructive state-level politics (William H. Riker and Harold Laski).

  • Historical Legacies: Federalism has led to both oppressive policies and progressive change, illustrating the dual nature of local governance.

The Nature of Political Engagement

  • Federalism encourages political engagement by reducing the barriers for individuals to become active participants in governance.

    • More elected officials and independent governmental bodies correlate to increased political activity opportunities.

    • Decentralization lowers the costs of organized political efforts compared to a unitary system.

State Variability and Policy Implementation

  • States play critical roles in various policy areas, including:

    • Social welfare

    • Public education

    • Law enforcement

    • Criminal justice

    • Health care

    • Infrastructure (roads and highways)

  • Detailed State Constitutions: Often contain more explicit rights, such as California’s constitution providing for the right to privacy and noncitizen property rights.

  • Laboratories of Democracy: States as test beds for different policies allow successful ideas to be replicated elsewhere, but may also result in unequal treatment for citizens based on their state of residence.

Divergences in Policy

  • Notable policy variances across states lead to differing citizen experiences:

    • Medicaid expansion under the Affordable Care Act (ACA) varies by state, affecting eligibility for low-income citizens.

    • Differences in criminal justice legislation, such as death penalty applicability, abortion rights, and gun control laws also highlight this divergence.

  • Competing Values: Federalism raises tensions between equality (consistent treatment of citizens) and participation (opportunities for input in governance). Variation in policies is generally a function of differences in political participation.

Mechanisms of Direct Democracy

  • Many states allow for direct forms of democracy:

    • Initiatives: Voters can place measures directly on ballots by gathering signatures (5-15% of last election votes).

    • Referenda: Enable voters to reject legislation passed by the legislature.

    • Recalls: Procedures allowing voters to remove elected officials from office if sufficient support is gathered (example: California governor recalls).

Constitutional Guarantees and State Sovereignty

  • The federal Constitution protects state existence and rights, including:

    • No state can be divided without consent.

    • Each state must maintain two Senate representatives.

    • Assurance of republic government form and reserved powers not granted to Congress.

  • In contrast, local governments have no constitutional protections, existing at the whim of state legislatures.

Intergovernmental Relations

  • Federal-state relations often lead to debates over responsibilities and power, focusing on issues like:

    • Nuclear waste management

    • Wind farm locations

    • Prisoners' rights

    • Cannabis legality

  • These deliberations exemplify the complexities of federalism influencing policymaking on multiple levels and require case-by-case assessments through intergovernmental politics and judicial decisions.