Question

American Federalism

1. Federalism Compare & contrast the following:

- Federation

- Confederation

- Unitary System

2. Describe the following types of federalism:

- Dual Federalism

- Cooperative & Regulative Federalism

- New Federalism

3. What are the powers of the Federal Government & state governments

- Shared, reserved

Answer 1

Federal System Power is shared by a powerful central government and states or provinces that are given considerable self-rule, usually through their own legislatures. Examples: The United States, Australia, the Federal Republic of Germany.

Unitary System One central government controls weaker states. Power is not shared between states, counties, or provinces. Examples: China, United Kingdom (although Scotland has been granted self-rule).

Confederal System     Weak or loose organization of states agrees to follow a powerful central government. Nations can choose to follow or not follow the lead of the weak central government. Examples: The Commonwealth of Independent States (CIS), formerly known as the Soviet Union. Also, Switzerland's canton system and the Confederate States of America (1861-1865).

• Dual federalism (1790s to 1930s): Also known as layer cake federalism, dual federalism refers to a system in which the two levels of government operate separately, and is pretty much the bog-standard definition of how the framers intended it to be interpreted. The powers of government are split between the federal and state levels in order to preserve a balance between the two.

• Co-operative federalism (around 1930 to 1960): This system, also called marble cake federalism, implies that the federal and state governments share power equally in order to resolve common problems collectively and was popular all the way through the Great Depression, the Second World War, the Cold War and up until the 1960s. During these testing times, the country needed the two levels of government to work together. Lines between the two governments’ powers are blurred within this approach.

• Creative federalism (approximately 1960 to 1980): Also known as picket fence federalism, creative federalism allows the federal government to decide what the states need, and then provide them with the resources. It shifted power to the federal government, and is evidenced in the Johnson administration’s social and welfare reforms in the 1960s, whereby federal funding to states was contingent on adopting a series of federally determined objectives.

• New federalism (around 1980 to 2001): In response to the states’ loss of power during creative federalism, new federalism included a reassertion of powers going back to the state and local governments in order to create a new balance between the two. One principal vehicle for this shift was to remove the conditionality on federally provided block grants to enable states to choose how to prioritise what they should be spent on.

• Bush federalism (2001 to 2008):Although not technically a form of federalism, Bush federalism demonstrated an increasing level of federal interference in state issues. The drive for greater national security legitimised increasing federal powers over US citizens and states such as the passing of the Patriot Act in late 2001 (which strengthened federal powers to ensure US national security but also included giving the FBI the power to search the library records of American citizens).