Federalism should be considered as the system of government where the power is separated among the numerous states government and national government. In US, the constitutions of provides certain kind of powers to the federal government, other powers to state government and some of the powers to both. The states have their own legislative branch, executive and judicial branch. The states have the power to pass, enforce and interpret the laws until and unless they do not violate the constitution.
In USA Dual Federalism is prevalent. In United States Federalism is considered as doctrine of shared sovereignty which defines the constitutional division of power among the US state governments and the federal government of US. In spite of the strong push by Justice Marshall towards federal government, the court of his successor, cases that were decided which favoured equally strong national and state governments. The main philosophy at that time involved that the US Government should be restricted within its enumerated powers and all the other powers is within the ownership of states. The sixteenth and seventeenth amendment strengthened the power of national government which divided the power of state and government. The idea of dual federalism explains that the power would be shared among the states and union however the Federal Government would be holding more power than the individual states.
In US Federalism has evolved ever since it was introduced first or implemented during 1787. There are two main types of federalism that is existent in US where both the federal and state government are co-equals. Within this theory, there are large group powers which belongs to the states and the federal government is restricted to those powers that are openly listed in the constitutions. In general, the federal government only has the jurisdiction up to the extent of powers that are mentioned within the constitution.
While under the second theory of Federalism which is better known as cooperative federalism, the state, the national and local governments interact cooperatively as well as collectively to solve common problems. Cooperative federalism explains that the national government is supreme over the states. Irrespective of the type of federalism, the constitution provides some of the specific powers to both the federal and the state governments.
Federalism is regarded the form of government where the power is segregated amid the state governments and the local government units. It is different from the unitary government, where the power rests with the central authority and the confederation under which the states are clearly dominant. The constitution addresses only the relation among the federal government and the state government. An individual not only pay their federal income tax but might also pay the state and city income tax as well. Even though the constitution sets up the federal system, it does not define anywhere the meaning the of federalism. Nevertheless, the framers of constitution were very much confident of creating a strong national government and addressing the shortcomings of the articles of confederation that enabled the states with large number of power.
Whereas balancing the power among the federal government and the states, the constitution clearly favours the federal government. The power is specifically conferred to the federal government that are not considered very much relevant for its expansion of authority as constitution’s more general provisions. The term federalism is considered very much important since it is exactly the manner in which the federal government of USA has turned into a dominant governmental force not only in the United States but also all through the world.
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