HOW DOES THE SYSTEM OF FEDERALISM AFFECT THE WAY THE CONSTITUTION IS STRUCTURED?
STATE AND FEDERAL POWER ARE SHARED.
INDIVIDUALS ARE GIVEN MORE POWER AND RIGHTS.
INDIVIDUALS RIGHTS ARE GUARANTEED.
CHECKS AND BALANCES ARE ESTABLISHED.
Federalism affects the structure of the United States Constitution by establishing a system of power-sharing between the national government and state governments. Here is how it influences the Constitution's layout and provisions:
**1. State and Federal Power Are Shared:**
Federalism leads to the division of authority between the federal government and the states. The Constitution sets out areas of exclusive federal jurisdiction, concurrent powers (shared between the federal and state governments), and reserves certain powers strictly to the states. The Tenth Amendment emphasizes this by stating that powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
**2. Individuals Are Given More Power and Rights:**
While federalism primarily concerns the division of powers between levels of government, it indirectly affects individuals' power and rights by allowing different states to enact varied laws to suit their own constituents' preferences as long as they comply with the Constitution. This can lead to a diversity of policies and rights tailored to the needs of different state populations.
**3. Individuals' Rights Are Guaranteed:**
The federal system itself does not directly guarantee individual rights; instead, this is primarily accomplished through the Bill of Rights and subsequent amendments. These amendments are part of the Constitution that sets out individual liberties and rights that the federal government, and later through the Fourteenth Amendment's incorporation doctrine, state governments must respect.
**4. Checks and Balances Are Established:**
The system of checks and balances is another principle that is central to the Constitution but is separate from federalism. Checks and balances pertain to the separation of powers within the federal government among the legislative, executive, and judicial branches, each with its own powers and responsibilities to prevent any single branch from becoming too powerful. While this system operates within the framework of federalism, it is not an outcome of federalism itself.
In summary, federalism results in a Constitution that delineates powers among national and state governments to create a balance that allows for unity without uniformity, encouraging a level of local autonomy while maintaining a strong central government. This complex balance is part of what has allowed the Constitution to be resilient and adaptable over centuries.