1.2. FEDERAL GOVERNMENT

1. INTRODUCTION


2. ELEMENTS OF FEDERAL GOVERNMENT


3. FEDERAL-STATE RELATIONSHIP


4. FEDERAL OBLIGATION TO THE STATES


5. STATE OBLIGATION TO THE FEDERAL GOVERNMENT



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The constitution of 1789 has introduced a federal system of government in America. It is the 1st federal constitution of the world. The federal system of American constitution divides the powers between the federal government and the federating States governments.

According to ARTICL-I, section-8, the federal government has been given jurisdiction over 18 matters of national importance i.e. Defense, Foreign Affairs, Commerce, Currency etc. The residuary powers are left to the federating State’s governments. These federating States and their government are independent in their respective jurisdictions. The centre or the Federal Government can not meddle with the affairs of the Federating States and their governments. Any dispute between the two bodies will be settled via the Supreme Court. All States are legally equal and the Federal Government has the constitutional responsibility to protect the States against any external aggression as well as internal disturbance.

Despite the tremendous growth of powers of Federal Government, the States continue to exert themselves and have displayed great vitality.



• Distribution of Powers
• Growth of federal authority



1. DISTRIBUTION OF POWERS:

The United States of America was created by surrendering some powers to the member states. There for the federal government has been delegated and specified its powers, while residuary powers lie with the States.

The ARTICLE-1 of the US constitution deals with the distribution of powers amongst federation and federating units. The constitution contains three lists of subjects, namely:

1. What congress of federation can do
2. What congress can not do
3. What states legislatives can not do

The ARTICLE-1, Section-8 of the constitution enumerates 18 powers for the Federal Government. They include:

1. To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States.

2. To borrow Money on the credit of the United States.

3. To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.

4. To establish a uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States.

5. To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures.

6. To provide for the Punishment of counterfeiting the Securities and current Coin of the United States.

7. To establish Post Offices and post Roads.

8. To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.

9. To constitute Tribunals inferior to the Supreme Court.

10. To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations.

11. To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water.

12. To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years.

13. To provide and maintain a Navy.

14. To make Rules for the Government and Regulation of the land and naval Forces.

15. To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions.

16. To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress.

17. To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings.

18. To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

The ARTICLE-1, Section-9 of the constitution forbids federal government from passing ex-post facto laws; granting titles or nobility, passing laws on religious believes of people and abridging freedom of speech and press. The same article forbids the federating States from making alliances or treaty with foreign States or Countries, from issuing coinage and maintaining armies.

Excluding the 18 powers vested in the federal government, the constitution vests all the residuary powers in the federating States. These residuary powers can not be exercised by the Federal Government.


2. GROWTH OF FEDERAL AUTHORITY

At the time when US came to existence, the federating States wished to retain as much power and local independence as much possible, thus they gave only limited number of power to the Federal Government at centre. They only agreed to a union not a unity. But under the impact of time and circumstances, the powers of the federal government have increased beyond imagination.

The following factors have been responsible for the growth of federal authority in US.

a. Doctrine of Implied Powers:

The doctrine was introduced by the Supreme Court under the Chief Justice Marshall. According to the doctrine, the constitution not only enumerates certain powers for the centre, but also gives those powers which are implied in the enumerated ones.

Examples:

The constitution empowers the Federal Government to regulate commerce and trade with foreign nations and among the several States. From the clause of the constitution, the congress has derived power to control all means of transport and communication.

From the clause which gives power to Congress for promoting general welfare, the federal government has derived authority to pass social legislations like old age insurance schemes and other laws of this nature.

Again through powers of Congress to collect taxes and duties, the federal government got the authority to establish and exclusively control the Federal Bank of Reserves (Central back of USA).

b. Amendments in the constitution:

Various amendments in the constitution have vested powers in the federal government. The 15th amendment gave powers of judicial review to the Supreme Court over the State Legislation. Since the Judges of the Supreme Court are appointed by the President and approved by the Senate (Upper House of the Congress, which is the Federal government), the Congress has indirect say in the matters of the federating State legislations. The 16th amendment authorized the Congress to levy and collect taxes on income of all kinds whereas the original constitution prohibited the Federal Government to impose direct tax.

c. Physical, Economical and Social Changes:

When USA came to existence, there were only 13 States. But now it is a union of 50 States with huge extent of territory and enormous population. This growth in size and population together with complexity of social organization has shifted the power greatly in favor of the Federal Government. The matters, once considered to be of local importance, assumed national character.

The vast development of communication, trade, technology, rise of big business and inter State cooperation created problems, which the States could not tackle and could only be handle by the Federal Government. People demanded services which the State Government was either unable or unwilling to provide; hence the Federal Government took the matters in its hand. Step by Step the Federal Government took over what the States would not or could not do. Thus, there has been steady flow of authority to the Federal Government at the Washington Seat.

d. Role Of Powerful President:

The powerful Presidents issued rules and regulations which widened the exercise of authority of Federal Government. The Powerful Presidents were virtual dictators. President George Washington, Abraham Lincoln, Woodrow Wilson, F.D Roosevelt etc are few of the examples of these powerful Presidents. They have taken action even without any constitutional justification. President Lincoln declared war against Southern-States on the issue of slavery, while Roosevelt’s “New Deal Policy” has widened the control of Federal Government over the subjects originally within the State Jurisdiction.

e. The Impact of Civil War (1861-1865):

The Civil war in 1861 to 1865, effectively decided the Centre-State relationship. The war took place because of Centre-State conflicts as well as inter-State conflicts. It gave the negative verdict against separation, State autonomy and State Loyalty. Hence, after the cease fire, some of the powers of State were either curtailed or transferred to the Federal Government to be collectively be exercised over all States.

f. Confidence in Federal Government:

Due to some past events, the people of US have gained more confidence in Federal Government over various matters, which the State Governments were not able to handle. For example: The Economic crisis of 1931. The resources of States proved absolutely inadequate to provide relief to 12 million unemployed people in the country. Hence it was the Federal Government that started tackles the problem. Hence the States and people have increased the powers of Federal Government in order to avoid in such scenarios in the future. It is in the hand of the Federal Government to provide general welfare of the people. For this reason the Federal Government also introduced “Federal Grants Aid” for the States.

g. Federal Grants Aid:

Federal Grants Aid is the payments made by the Federal Government to State and local body governments for the support of welfare activities administered by States and their local bodies. The aid is provided for housing, agriculture, education and various other similar matters. The centre gives the grants for specified purpose and subject to conditions stipulated by Congress.

h. Defense of the Country:

It is the constitutional obligation for the Federal government to protect the country and provide common defence to States from external aggressions, and also declare and wage war if necessary. During the war the federal government is responsible for the entire life of the nation and the country. It has to control all channels of production, transportation, distribution and every aspect of economic and social life in the country. At the end of the war the federal government must tackle problems of demobilization and post-war reconstruction. All this leads to increase in authority of federal government. It must also be noted that in every decade US is involved in some long term conflicts, some which are warring conflicts.

i. Impact of World Situation:

Events like WW-II and Cold War are responsible for enormous increase in the powers of the federal government. Although these events and conflicts have come to end, the powers that Federal government took in still remain in its hands. In fact the powers provided by these events are still being used in self interest of US, and specially of Federal Government.


This increase in the growth of federal authority has led to a conclusion that US is no longer a Federal Polity. But it would also be wrong and an exaggeration to say that Federalism is dead in America. This can not happen, as they are in many ways fathers of modern federalism. However in today’s world federation can not exist with a strong centre. This strengthening of Centre of Federal government is what scholars call a “Co-operative Federalism.”



There are three major patterns of Federal-State relationship in US constitution.

a. DUAL FEDERALISM:

In this the constitution has carved out separate fields of authority for Federal and State governments. It divides the authority amongst the two bodies in such a way that no government could exercise any regulatory influence.

This principle was upheld by the Supreme Court in its decision of Dred Scot Case (1857). However, the civil war (1861-65) had put an end to the divisive effects of this principle.

b. COOPERATIVE FEDERALISM:

It upholds the supremacy of federal government and extension of its powers, with cooperation and authority of the Federating states governments. The constitution requires federal state cooperation in some areas such as the administration of elections, where the both governments have concurrent powers. The most important device of cooperative federalism is grants in aid for various purposes e.g. national highway development, education, urban development. In this the state government plays very important role along with the federal government.

There are some matters which State government alone can not handle; hence it needs the support of the Federal Government. These matters include water pollution control, unemployment insurance etc. States also need financial and administrative assistance from Federal government over various other matters.

We can say that close federal-state cooperation relationship is required to meet the modern responsibilities.

c. CREATIVE FEDERALISM:

This includes revitalizing the State and city governmental bodies to improve the line of coordination between the Central, State and local branches of government and administration. The major feature of this concept is restructuring of federal bureaucracy to make it more efficient and responsive in its relations with States; local and non-governmental organization (NGOs). The congress has passed a number of acts regarding the concept of creative federalism, for example; instance Economic Opportunity Act in 1964, the Elementary and Secondary Education Act in 1965 and Manpower Development Act in 1966. By these legislations, the congress has tried to solve the problems of poverty and social tension in the cities and States. It has tried to curb crimes and lawlessness, and to clear slum areas in the cities.



The constitution has provided federal government with some responsibilities and obligations towards the federating States. These obligations are as followed:

1. Respect the territorial integrity of existing states in admitting new states
2. Guarantee a republican for of government to the States
3. Protect States against domestic violence and foreign aggression
4. Leave intact the constitutional grant of two senators for each State
5. Forbid suit against States by individuals in the federal court.

These can be enumerated as followed:

a. TERRITORIAL INTEGRITY OF THE STATES:

The constitution of the US, under the Article-IV, Section-3, Clause-I, states that “New States may be admitted by the Congress into the union; but no new State shall be formed or erected within the jurisdiction of any other state; nor any State be formed by the junction of two or more states, or parts of states, without the consent of the legislature of the concerned States as well as of the Congress.”

Hence Congress has powers to admit new States, but not at a cost of the territorial loss of any existing State. Federal government is bound to respect the territorial integrity of each state and it can not take territory of any state with its consent.


b. REPUBLICAN FORM OF GOVERNMENT:

The Article-IV, Section-4, calls upon the federal government to guarantee a Republican form of government in every State of the country. The Congress may refuse to seat the senators and representatives of a State or States on the ground that they come from a State without Republican form of a government.

c. DEFENCE AGAINST INVASION AND VOILANCE:

The Article-IV, Section-4, also calls on the federal government to protect each state from external invasion and domestic violence. The obligation of Federal Government, to protect States from external aggression is quite logical as the States are not allowed to have armies and navies (or Air force). During the domestic violence, the President can send troops only after a request from the governor or the legislature of the concerned State or he can send troops when Federal Law and Federal property is violated.

d. EQUAL REPRESENTATION IN THE SENATE:

It is rather a restriction than a task. The constitution bars federal government from denying equal representation if States in Senate, with out the consent of the concerned State. This is a fundamental law and can not be amended.

e. STATE IMMUNITY SUIT:

The original constitution allowed federal judiciary to assume jurisdiction over the suits between a State and citizens of another State. But after a conflict over this feature in 1793 case of Chisholm v/s Georgia the feature was amended in the constitution through the 11th amendment. The amendment outlawed such suits and debarred states to be sued by an individual in federal court. However an individual may seek remedy through legislative action or a “claim” bill.



Following are the major obligations of States towards the federation:

a. ELECTIONS OF FEDERAL OFFICE:

• All the States are obliged to participate in electing federal officials like the President, the senators and the representatives.

• The Presidential electors or the Electoral College is elected by the State.

• The States are obliged to elect representatives to the “House of Representatives” on population basis.

• The States (through State legislature) are also obliged to elect two senators to the “Senate.”

• It is the responsibility of the State to follow common election date, put forward by the Congress, for the election of the federal officers.

• The State can choose whatever method it wants for the election procedure of representatives, senate and other federal officers.

b. PARTICIPATING IN AMENDING PROCESS:

It is the State obligation to participate in the amending process of the constitution. The constitution has put forward two methods of amendments and in both methods participation of States is necessary. The amendment has to be ratified by the legislature of the states or by the convention called by the States. No amendment can take affect unless the States approve of it.

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[COLOR="DarkRed"][B]17th amendment is mockery of our constitution !. May those who have implemented it burn in hell ![/B][/COLOR]