What is Federalism? American Government Week 4

Global context: purpose and scope of federalism

• Federalism is a political system chosen to help diverse groups live together with sufficient political representation.
• It provides a practical way for groups that have some things in common but also important differences to share a country.
• It does this by:
  • sharing powers over issues they have in common (e.g., international trade), and
  • allowing self-rule over matters that concern their own interests (e.g., education, primary health care, broadcasting).
• World context:
  • There are 30 federations in the world (out of 195 countries).
  • These 30 federations govern about 40\% of the world’s population, i.e., a substantial share; the text notes this as "almost half" in everyday wording.
• Federalism is a common choice for:
  • large countries (examples given: ext{India}, ext{ United States}, ext{ Brazil}, ext{ Germany}, ext{ Mexico}, ext{ Nigeria}),
  • countries with very diverse populations in different parts of the country that wish to preserve their own identities (examples: ext{Belgium}, ext{ Switzerland}, ext{ Nepal}).
• Key takeaway: there are various forms of federalism; no single country’s system is exactly like another, but several defining characteristics unify federal systems.
• Why it matters ethicallly and practically:
  • protects autonomy and rights of diverse communities while promoting national unity.
  • provides a mechanism to balance common national interests with regional or local needs.

What is federalism? Defining the concept and its rationale

• Federalism is a constitutional arrangement that enables different communities in different territories to live together in one country.
• It is designed to accommodate both common interests (shared across regions) and regional differences (local identities and needs).
• Examples of shared powers and reserved powers illustrate the practical balance:
  • Shared matter example: international trade is typically a national/central concern.
  • Reserved/local matter examples: education, primary health care, broadcasting.
• Federalism is especially suited to:
  • large geographic size, diverse populations, and the desire to preserve distinct identities within a single political framework.
• The system is adaptable: despite common patterns, federal systems take many forms depending on national context and history.

First defining characteristic: two or more levels of government

• Central (federal/union) level governs the entire country on issues important to everyone.
  • Typical responsibilities include: defense, armed forces, foreign policy, trade, citizenship, macroeconomic policy, and national infrastructure (e.g., ports and airports).
• Subnational level (states, regions, provinces, or other entities) has control over specific policy areas and legislation relevant to their populations.
  • Typical responsibilities include: delivery of services (roads, public health) and cultural issues (education, broadcasting).
• Variation across federations:
  • The decentralization level and how powers are distributed differ by country and context.
  • Example contrasts:
  • Environmental protection is a state matter in Nigeria.
  • Environmental protection is handled at the federal level in Malaysia.
• Shared powers: some jurisdictions have powers that are not exclusively in one level of government but shared between levels (co-ownership of certain powers).
• A concrete example of shared powers within a specific policy area:
  • In India, both the Indian Parliament and state legislatures can pass laws on criminal justice and on social and economic planning; however, if there is incompatibility, central (federal) legislation prevails.
• Significance:
  • This two-tier structure allows both national coordination and local responsiveness, accommodating diversity while maintaining a unified framework.

Second defining characteristic: mechanisms for inclusive decision-making at the center

• Federal systems have processes to include subnational units in central decision-making.
• Typical institutional form: a second chamber (senate or equivalent) representing the states/regions.
• Examples of representation patterns:
  • Australia and Argentina: each state is represented in the senate by an equal number of directly elected senators.
  • India and Malaysia: some members of the upper house are chosen indirectly by state legislatures.
• Power-sharing and cooperation:
  • Cooperation between different levels of government is essential to governance.
  • Canada illustrates this through a council of heads of provincial governments that meets to discuss common interests and coordinate service delivery.
  • Practical example in Canada: while healthcare is primarily a provincial responsibility, the council enabled provincial ministers to work together to lower pharmaceutical prices across the country.
• Purpose of this mechanism:
  • provide a formal pathway for regional voices to influence national policy,
  • help coordinate across the federation, and
  • prevent domination of the center by any single region.

Third defining characteristic: constitutional protection and judicial enforcement

• Powers and responsibilities of different levels are enshrined in a constitution.
  • This enshrines the federal agreement and protects it from easy unilateral change.
• In many federations, states/regions have a veto over constitutional changes, so neither level can unilaterally strip the other of its powers.
  • Example: in India, amendments affecting the distribution of power between the union and the states must be approved by both the central Parliament and the parliaments of the majority of the states.
• An impartial judicial body is typically included to enforce the agreement fairly (e.g., a supreme court or constitutional court).
• Purpose and effect:
  • creates a stable legal framework that sustains the federation,
  • prevents arbitrary or unilateral power shifts,
  • ensures that the rights and autonomy of diverse communities are protected within a unified state.
• The central philosophical aim:
  • federalism is a constitutional agreement that enables different communities living in different territories to coexist in one country.
  • it seeks to balance unity with the protection of regional autonomy and rights.

Practical implications, connections, and real-world relevance

• Federalism offers practical benefits for governance in diverse and large countries by:
  • enabling regional experimentation and responsiveness,
  • improving accountability by locating decision-making closer to the people,
  • providing a structured mechanism to resolve potential conflicts between regional and national interests.
• Potential challenges and considerations:
  • balancing national unity with regional autonomy can be complex when regional interests diverge from national priorities.
  • ensuring equal access to resources and fair representation across regions is an ongoing concern.
• Real-world relevance:
  • The described framework helps explain why countries choose federal arrangements, how power is distributed, and how regions participate in central decision-making.
  • It also clarifies why constitutions often embed federal principles and why independent judiciaries are important to resolve disputes.

Summary: core takeaways

• Federalism is a constitutional system that reconciles common national interests with regional diversity by sharing power between at least two levels of government.
• There are two central defining features:
  • a two-plus level government structure with defined territorial powers, and
  • formal mechanisms for regional representation and cooperation in central decision-making.
• A third defining feature is constitutional entrenchment and judicial enforcement to protect the federation over time.
• The system aims to keep the country united while protecting the autonomy and rights of diverse communities, balancing practical governance with ethical commitments to inclusion and representation.