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Federalism is a political concept in which a group of members are bound together by covenant (Latin: foedus, covenant) with a governing representative head. The term "federalism" is also used to describe a system of government in which sovereignty is constitutionally divided between a central governing authority and constituent political units (such as states or provinces). Federalism is a system based upon democratic rules and institutions in which the power to govern is shared between national and provincial/state governments, creating what is often called a federation.
In Europe, "Federalist" is sometimes used to describe those who favor a common federal government, with distributed power at regional, national and supranational levels. Most European federalists want this development to continue within the European Union. European federalism originated in post-war Europe; one of the more important initiatives was Winston Churchill's speech in Zurich in 1946.
In the United States, federalism originally referred to belief in a stronger central government. When the U.S. Constitution was being drafted, the Federalist Party supported a stronger central government, while "Anti-Federalists" wanted a weaker central government. This is very different from the modern usage of "federalism" in Europe and the United States. The distinction stems from the fact that "federalism" is situated in the middle of the political spectrum between a confederacy and a unitary state. The U.S. Constitution was written as a reaction to the Articles of Confederation, under which the United States was a loose confederation with a weak central government. Further, during the American Civil War, members of the Confederate States of America, which seceded in favor of a weaker central government, referred to pro-Union soldiers of the United States government as "Federals." Thus in the United States "federalism" argued for a stronger central government, relative to a confederacy.
In contrast, Europe has a greater history of unitary states than North America, thus European "federalism" argues for a weaker central government, relative to a unitary state. The modern American usage of the word is much closer to the European sense. As the power of the Federal government has increased, some people have perceived a much more unitary state than they believe the Founding Fathers intended. Most people politically advocating "federalism" in the United States argue in favor of limiting the powers of the federal government, especially the judiciary (see Federalist Society, New Federalism).
Federalism may encompass as few as two or three internal divisions, as is the case in Belgium or Bosnia and Herzegovina. In general, two extremes of federalism can be distinguished: at one extreme, the strong federal state is almost completely unitary, with few powers reserved for local governments; while at the other extreme, the national government may be a federal state in name only, being a confederation in actuality.
In 1999, the Government of Canada established the Forum of Federations as an international network for exchange of best practices among federal and federalizing countries. Headquartered in Ottawa, the Forum of Federations partner governments include Australia, Brazil, Canada, Ethiopia, Germany, India, Mexico, Nigeria, and Switzerland.
Some Christian denominations are organized on federalist principles; in these churches this is known as ecclesiastic or theological federalism.
On January 1, 1901 the Australian nation emerged as a federation. The Australian continent was colonized by the United Kingdom in 1788, who subsequently established six self-governing colonies there. In the 1890s the governments of these colonies all held referendums on becoming a unified, independent nation. When all the colonies voted in favour of federation, the Federation of Australia commenced, resulting in the establishment of the Commonwealth of Australia in 1901. Whilst the Federation of Australia emerged in 1901, the States of Australia remained colonies of Britain until 1986 when the UK and Australia passed the Australia Acts. The model of Australian federalism adheres closely to the original model of the United States of America, though through a Westminster system.
In Brazil, the fall of the monarchy in 1889 by a military coup d'état led to the rise of the presidential system, headed by Deodoro da Fonseca. Aided by well-known jurist Ruy Barbosa, Fonseca established federalism in Brazil by decree, but this system of government would be confirmed by every Brazilian constitution since 1891, although some of them would distort some of the federalist principles. The 1937 Constitution, for example, granted the federal government the authority to appoint State Governors (called interventors) at will, thus centralizing power in the hands of President Getúlio Vargas. Brazil also uses the Fonseca system to regulate interstate trade.
The Brazilian Constitution of 1988 introduced a new component to the ideas of federalism, including municipalities as federal entities. Brazilian municipalities are now invested with some of the traditional powers usually granted to states in federalism, and although they are not allowed to have a Constitution, they are structured by an organic law.
In Canada, the system of federalism is described by the division of powers between the federal parliament and the country's provincial governments. Under the Constitution Act (previously known as the British North America Act) of 1867, specific powers of legislation are allotted. Section 91 of the constitution gives rise to federal authority for legislation, whereas section 92 gives rise to provincial powers.
For matters not directly dealt with in the constitution, the federal government retains residual powers; however, conflict between the two levels of government, relating to which level has legislative jurisdiction over various matters, has been a longstanding and evolving issue. Areas of contest include legislation with respect to regulation of the economy, taxation, and natural resources.
In 1858 the unitary government of Colombia, then known as the Republic of New Granada, was dissolved and replaced by the Granadine Confederation, a decentralized federal state. While the Colombian Civil War (1860–1862) resulted in the dismantling of the fledgling confederation, the United States of Colombia that replaced it operated on similarly federal theories, though their actual policies generally differed. Today, however, the Republic of Colombia is a unitary constitutional republic.
The government of India is based on a tiered system, in which the Constitution of India delineates the subjects on which each tier of government has executive powers. The Constitution originally provided for a two-tier system of government, the Union Government (also known as the Central Government), representing the Union of India, and the State governments. Later, a third tier was added in the form of Panchayats and Municipalities. In the current arrangement, The Seventh Schedule of the Indian Constitution delimits the subjects of each level of governmental jurisdiction, dividing them into three lists:
A distinguishing aspect of Indian federalism is that unlike many other forms of federalism, it is asymmetric. Article 370 makes special provisions for the state of Jammu and Kashmir as per its Instrument of Accession. Article 371 makes special provisions for the states of Andhra Pradesh, Arunachal Pradesh, Assam, Goa, Mizoram, Manipur, Nagaland and Sikkim as per their accession or state-hood deals. Also one more aspect of Indian federalism is system of President's Rule in which the central government (through its appointed Governor) takes control of state's administration for certain months when no party can form a government in the state or there is violent disturbance in the state.
Although the Constitution does not say so, India is now a multilingual federation. India has a multi-party system,with political allegiances frequently based on linguistic, regional and caste identities, necessitating coalition politics, especially at the Union level.
Several federal systems exist in Europe, such as in Switzerland, Austria, Germany, Belgium, Bosnia and Herzegovina and the European Union. Germany and the EU offer the only examples in the world where members of the federal "upper houses" (the Bundesrat and the Council) are neither elected nor appointed but comprise delegates of the governments of their constituents.
Modern Germany abandoned federalism only during Nazism (1933–1945) and in East Germany during from 1952 to 1990. Adolf Hitler viewed federalism as an obstacle to his goals. As he wrote in Mein Kampf, "National Socialism must claim the right to impose its principles on the whole German nation, without regard to what were hitherto the confines of federal states."[page needed] Accordingly, the idea of a strong, centralized government has negative associations in German politics, although prior to 1919 or 1933, many social democrats and liberals favored centralization in principle.
In Britain, an Imperial Federation was once seen as (inter alia) a method of solving the Home Rule problem in Ireland; federalism has long been proposed[by whom?] as a solution to the "Irish Problem", and more lately, to the "West Lothian question".
Following the end of World War II, several movements began advocating a European federation, such as the Union of European Federalists or the European Movement, founded in 1948. Those organizations exercised influence in the European unification process, but never in a decisive way. In 2011 also a European political party calling for the creation of a federal Europe was established, the European Federalist Party.
Although the drafts of both the Maastricht treaty and the Treaty establishing a Constitution for Europe mentioned federalism, the representatives of the member countries (all of whom would have to agree to the term) never adopted it. The strongest advocates of European federalism have been Germany, Italy, Belgium and Luxembourg while those historically most strongly opposed have been the United Kingdom and France; while other countries that have never campaigned specifically for a particular means of governance in Europe are considered as federalists. Some[who?] would consider this the case with states such as Spain, Portugal, Greece, and Hungary. In recent times[when?] the French government has become increasingly pro-European Union, while countries like the Czech Republic have taken on the roles of primary opponents to a stronger EU.
Those uncomfortable using the “F” word in the EU context should feel free to refer to it as a quasi-federal or federal-like system. Nevertheless, for the purposes of the analysis here, the EU has the necessary attributes of a federal system. It is striking that while many scholars of the EU continue to resist analyzing it as a federation, most contemporary students of federalism view the EU as a federal system (See for instance, Bednar, Filippov et al., McKay, Kelemen, Defigueido and Weingast). (R. Daniel Kelemen)
The post-Imperial nature of Russian subdivision of government changed towards a generally autonomous model which began with the establishment of the USSR (of which Russia was governed as part). It was liberalized in the aftermath of the Soviet Union, with the reforms under Boris Yeltsin preserving much of the Soviet structure while applying increasingly liberal reforms to the governance of the constituent republics and subjects (while also coming into conflict with Chechen secessionist rebels during the Chechen War). Some of the reforms under Yeltsin were scaled back by Vladimir Putin.
All of Russia's subdivisional entities are known as subjects, with some smaller entities, such as the republics enjoying more autonomy than other subjects on account of having an extant presence of a culturally non-Russian ethnic minority.
Federalism in the United States is the evolving relationship between state governments and the federal government of the United States. American government has evolved from a system of dual federalism to one of associative federalism. In "Federalist No. 46," James Madison asserted that the states and national government "are in fact but different agents and trustees of the people, constituted with different powers." Alexander Hamilton, writing in "Federalist No. 28," suggested that both levels of government would exercise authority to the citizens' benefit: "If their [the peoples'] rights are invaded by either, they can make use of the other as the instrument of redress." (1)
Because the states were preexisting political entities, the U.S. Constitution did not need to define or explain federalism in any one section but it often mentions the rights and responsibilities of state governments and state officials in relation to the federal government. The federal government has certain express powers (also called enumerated powers) which are powers spelled out in the Constitution, including the right to levy taxes, declare war, and regulate interstate and foreign commerce. In addition, the Necessary and Proper Clause gives the federal government the implied power to pass any law "necessary and proper" for the execution of its express powers. Other powers—the reserved powers—are reserved to the people or the states. The power delegated to the federal government was significantly expanded by the Supreme Court decision in McCulloch v. Maryland (1819), amendments to the Constitution following the Civil War, and by some later amendments—as well as the overall claim of the Civil War, that the states were legally subject to the final dictates of the federal government.
The Federalist party of the United States were opposed by the Democratic-Republicans, including powerful figures such as Thomas Jefferson. The Democratic-Republicans mainly believed that: -The Legislature had too much power (mainly because of the Necessary and Proper Clause) and that they were unchecked. -The Executive had too much power, and that there was no check on the executive. A dictator would arise. -A bill of rights should be coupled with the constitution to prevent a dictator (then believed to eventually be the president) from exploiting citizens. The federalists, on the other hand, argued that it was impossible to list all the rights, and those that were not listed could be easily overlooked because they were not in the official bill of rights. Rather, rights in specific cases were to be decided by the judicial system of courts.
After the American Civil War, the federal government increased greatly in influence on everyday life and in size relative to the state governments. Reasons included the need to regulate businesses and industries that span state borders, attempts to secure civil rights, and the provision of social services. The federal government acquired no substantial new powers until the acceptance by the Supreme Court of the Sherman Anti-Trust Act.
From 1938 until 1995, the U.S. Supreme Court did not invalidate any federal statute as exceeding Congress' power under the Commerce Clause. Most actions by the federal government can find some legal support among the express powers, such as the Commerce Clause, whose applicability has been narrowed by the Supreme Court in recent years. In 1995 the Supreme Court rejected the Gun-Free School Zones Act in the Lopez decision, and also rejected the civil remedy portion of the Violence Against Women Act of 1994 in the United States v. Morrison decision. Recently, the Commerce Clause was interpreted to include marijuana laws in the Gonzales v. Raich decision.
Dual federalism holds that the federal government and the state governments are co-equals, each sovereign.
However, since the Civil War Era, the national courts often interpret the federal government as the final judge of its own powers under dual federalism. The establishment of Native American governments (which are separate and distinct from state and federal government) exercising limited powers of sovereignty, has given rise to the concept of "bi-federalism."
The Federal War ended in 1863 with the signing of the Treaty of Coche by both the centralist government of the time and the Federal Forces. The United States of Venezuela were subsequently incorporated under a "Federation of Sovereign States" upon principles borrowed from the Articles of Confederation of the United States of America. In this Federation, each State had a "President" of its own that controlled almost every issue, even the creation of "State Armies," while the Federal Army was required to obtain presidential permission to enter any given state.
However, more than 140 years later, the original system has gradually evolved into a quasi-centralist form of government. While the 1999 Constitution still defines Venezuela as a Federal Republic, it abolished the Senate, transferred competences of the States to the Federal Government and granted the President of the Republic vast powers to intervene in the States and Municipalities.
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Federalism in the Kingdom of Belgium is an evolving system. Belgian federalism reflects both the linguistic communities (French and Dutch, and to a lesser extent German) and the economic regions (Brussels, Flanders and Wallonia). These correspond to the language areas in Belgium. Although officially there are three language areas, for all practical purposes only two languages are relevant on the federal level, Dutch and French:
On one hand, this means that the Belgian political landscape, generally speaking, consists of only two components: the Dutch-speaking population represented by Dutch-language political parties, and the majority populations of Wallonia and Brussels, represented by their French-speaking parties. The Brussels region emerges as a third component. This specific dual form of federalism, with the special position of Brussels, consequentially has a number of political issues—even minor ones—that are being fought out over the Dutch/French-language political division. With such issues, a final decision is possible only in the form of a compromise. This tendency gives this dual federalism model a number of traits that generally are ascribed to confederalism, and makes the future of Belgian federalism contentious.
On the other hand, Belgian federalism is federated with three components. An affirmative resolution concerning Brussels' place in the federal system passed in the parliaments of Wallonia and Brussels. These resolutions passed against the desires of Dutch-speaking parties, who are generally in favour of a federal system with two components (i.e. the Dutch and French Communities of Belgium). However, the Flemish representatives in the Parliament of the Brussels Capital-Region voted in favour of the Brussels resolution, with the exception of one party. The chairman of the Walloon Parliament stated on July 17, 2008 that, "Brussels would take an attitude". Brussels' parliament passed the resolution on July 18, 2008:
This aspect of Belgian federalism helps to explain the difficulties of partition; Brussels, with its importance, is linked to both Wallonia and Flanders and vice-versa. This situation, however, does not erase the traits of a confederation in the Belgian system.
Current examples of two-sided federalism:
Historical examples of two-sided federalism include:
It has been proposed in several unitary states to establish a federal system, for various reasons.
China is the largest unitary state in the world by both population and land area. Although China has had long periods of central rule for centuries, it is often argued that the unitary structure of the Chinese government is far too unwieldy to effectively and equitably manage the country's affairs. On the other hand, Chinese nationalists are suspicious of decentralization as a form of secessionism and a backdoor for national disunity; still others argue that the degree of autonomy given to provincial-level officials in the People's Republic of China amounts to a de facto federalism.
Shortly after the 2011 Libyan civil war, some in the eastern region of the country (Cyrenaica) began to call for the new regime to be federal, with the traditional three regions of Libya (Cyrenaica, Tripolitania, and Fezzan) being the constituent units. A group calling itself the Cyrenaican Transitional Council issued a declaration of autonomy on 6 March 2012; this move was rejected by the National Transitional Council in Tripoli.
The Philippines is a unitary state with some powers devolved to Local Government Units (LGUs) under the terms of the Local Government Code. There is also one autonomous region, the Autonomous Region of Muslim Mindanao. Over the years various modifications have been proposed to the Constitution of the Philippines, including possible transition to a federal system as part of a shift to a parliamentary system. In 2004, Philippine President Gloria Macapagal Arroyo established the Consultative Commission which suggested such a Charter Change but no action was taken by the Philippine Congress to amend the 1987 Constitution.
Spain is a unitary state with a high level of decentralisation (i.e., a regional state). Federalism is accepted by parties, such as Spanish Socialist Workers' Party, Union, Progress and Democracy and United Left. The Spanish Socialist party has recently considered the idea of building a Federal Spain, in part, due to the increase of the Spanish peripheral nationalisms and the Catalan proposal of self-determination referenda for creating a Catalan State in Catalonia, either independent or within Spain.
Since the 1997 referendums on devolution in Scotland and Wales, and after the Good Friday Agreement in Northern Ireland, three of the four countries of the UK have some level of autonomy outside of Westminster's rule. To counter the increasing popularity of Scottish nationalism and Welsh nationalism, both of which threaten the unity of the United Kingdom (see Unionism in the United Kingdom) there have been some calls for the UK to adopt a federal system, with each of the four home nations having its own, equal devolved legislatures and law-making powers. This is supported by various Liberal Democrats and the Green Party of England and Wales, and would provide a solution to the West Lothian Question.
Anarchists are against the State but are not against political organization or "governance"—so long as it is self-governance utilizing direct democracy. The mode of political organization preferred by anarchists, in general, is federalism or confederalism. However, the anarchist definition of federalism tends to differ from the definition of federalism assumed by pro-state political scientists. The following is a brief description of federalism from section I.5 of An Anarchist FAQ:
Federalism also finds expression in ecclesiology (the doctrine of the church). For example, presbyterian church governance resembles parliamentary republicanism (a form of political federalism) to a large extent. In Presbyterian denominations, the local church is ruled by elected elders, some of which are ministerial. Each church then sends representatives or commissioners to presbyteries and further to a general assembly. Each greater level of assembly has ruling authority over its constituent members. In this governmental structure, each component has some level of sovereignty over itself. As in political federalism, in presbyterian ecclesiology there is shared sovereignty.
Some Christians argue that the earliest source of political federalism (or federalism in human institutions; in contrast to theological federalism) is the ecclesiastical federalism found in the Bible. They point to the structure of the early Christian Church as described (and to many, prescribed) in the New Testament. This is particularly demonstrated in the Council of Jerusalem, described in Acts chapter 15, where the Apostles and elders gathered together to govern the Church; the Apostles being representatives of the universal Church, and elders being such for the local church. To this day, elements of federalism can be found in almost every Christian denomination, some more than others.
In a federation, the division of power between federal and regional governments is usually outlined in the constitution. It is in this way that the right to self-government of the component states is usually constitutionally entrenched. Component states often also possess their own constitutions which they may amend as they see fit, although in the event of conflict the federal constitution usually takes precedence.
In almost all federations the central government enjoys the powers of foreign policy and national defense. Were this not the case a federation would not be a single sovereign state, per the UN definition. Notably, the states of Germany retain the right to act on their own behalf at an international level, a condition originally granted in exchange for the Kingdom of Bavaria's agreement to join the German Empire in 1871. Beyond this the precise division of power varies from one nation to another. The constitutions of Germany and the United States provide that all powers not specifically granted to the federal government are retained by the states. The Constitution of some countries like Canada and India, on the other hand, state that powers not explicitly granted to the provincial governments are retained by the federal government. Much like the US system, the Australian Constitution allocates to the Federal government (the Commonwealth of Australia) the power to make laws about certain specified matters which were considered too difficult for the States to manage, so that the States retain all other areas of responsibility. Under the division of powers of the European Union in the Lisbon Treaty, powers which are not either exclusively of European competence or shared between EU and state are retained by the constituent states.
Where every component state of a federation possesses the same powers, we are said to find 'symmetric federalism'. Asymmetric federalism exists where states are granted different powers, or some possess greater autonomy than others do. This is often done in recognition of the existence of a distinct culture in a particular region or regions. In Spain, "historical communities" such as Navarre, Galicia, Catalonia, and the Basque Country have more powers than other autonomous communities, partly to deal with their distinctness and to appease nationalist leanings, partly out of respect of privileges granted earlier in history.
It is common that during the historical evolution of a federation there is a gradual movement of power from the component states to the centre, as the federal government acquires additional powers, sometimes to deal with unforeseen circumstances. The acquisition of new powers by a federal government may occur through formal constitutional amendment or simply through a broadening of the interpretation of a government's existing constitutional powers given by the courts.
Usually, a federation is formed at two levels: the central government and the regions (states, provinces, territories), and little to nothing is said about second or third level administrative political entities. Brazil is an exception, because the 1988 Constitution included the municipalities as autonomous political entities making the federation tripartite, encompassing the Union, the States, and the municipalities. Each state is divided into municipalities (municípios) with their own legislative council (câmara de vereadores) and a mayor (prefeito), which are partly autonomous from both Federal and State Government. Each municipality has a "little constitution", called "organic law" (lei orgânica). Mexico is an intermediate case, in that municipalities are granted full-autonomy by the federal constitution and their existence as autonomous entities (municipio libre, "free municipality") is established by the federal government and cannot be revoked by the states' constitutions. Moreover, the federal constitution determines which powers and competencies belong exclusively to the municipalities and not to the constituent states. However, municipalities do not have an elected legislative assembly.
Federations often employ the paradox of being a union of states, while still being states (or having aspects of statehood) in themselves. For example, James Madison (author of the US Constitution) wrote in Federalist Paper No. 39 that the US Constitution "is in strictness neither a national nor a federal constitution; but a composition of both. In its foundation, it is federal, not national; in the sources from which the ordinary powers of the Government are drawn, it is partly federal, and partly national..." This stems from the fact that states in a federation maintain all sovereignty that they do not yield to the federation by their own consent. This was reaffirmed by the Tenth Amendment to the United States Constitution, which reserves all powers and rights that are not delegated to the Federal Government as left to the States and to the people.
The structures of most federal governments incorporate mechanisms to protect the rights of component states. One method, known as 'intrastate federalism', is to directly represent the governments of component states in federal political institutions. Where a federation has a bicameral legislature the upper house is often used to represent the component states while the lower house represents the people of the nation as a whole. A federal upper house may be based on a special scheme of apportionment, as is the case in the senates of the United States and Australia, where each state is represented by an equal number of senators irrespective of the size of its population.
Alternatively, or in addition to this practice, the members of an upper house may be indirectly elected by the government or legislature of the component states, as occurred in the United States prior to 1913, or be actual members or delegates of the state governments, as, for example, is the case in the German Bundesrat and in the Council of the European Union. The lower house of a federal legislature is usually directly elected, with apportionment in proportion to population, although states may sometimes still be guaranteed a certain minimum number of seats.
In Canada, the provincial governments represent regional interests and negotiate directly with the central government. A First Ministers conference of the prime minister and the provincial premiers is the de facto highest political forum in the land, although it is not mentioned in the constitution.
Federations often have special procedures for amendment of the federal constitution. As well as reflecting the federal structure of the state this may guarantee that the self-governing status of the component states cannot be abolished without their consent. An amendment to the constitution of the United States must be ratified by three-quarters of either the state legislatures, or of constitutional conventions specially elected in each of the states, before it can come into effect. In referendums to amend the constitutions of Australia and Switzerland it is required that a proposal be endorsed not just by an overall majority of the electorate in the nation as a whole, but also by separate majorities in each of a majority of the states or cantons. In Australia, this latter requirement is known as a double majority.
Some federal constitutions also provide that certain constitutional amendments cannot occur without the unanimous consent of all states or of a particular state. The US constitution provides that no state may be deprived of equal representation in the senate without its consent. In Australia, if a proposed amendment will specifically impact one or more states, then it must be endorsed in the referendum held in each of those states. Any amendment to the Canadian constitution that would modify the role of the monarchy would require unanimous consent of the provinces. The German Basic Law provides that no amendment is admissible at all that would abolish the federal system.
The meaning of federalism, as a political movement, and of what constitutes a 'federalist', varies with country and historical context. Movements associated with the establishment or development of federations can exhibit either centralising or decentralising trends. For example, at the time those nations were being established, factions known as "federalists" in the United States and Australia advocated the formation of strong central government. Similarly, in European Union politics, federalists mostly seek greater EU integration. In contrast, in Spain and in post-war Germany, federal movements have sought decentralisation: the transfer of power from central authorities to local units. In Canada, where Quebec separatism has been a political force for several decades, the "federalist" impulse aims to keep Quebec inside Canada.
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