“Federalism”, says Dicey “is a political contrivance intended to reconcile national unity with the maintenance of state rights".


He reconciles central control with the maintenance of regional autonomy .
In a federation the states enjoy a considerable measure of autonomy. The form of government in which there is no regional autonomy is called a unitary state.

True federation posses the following features:

A. There is a constitution, which must necessarily be written and rigid. It must be written and rigid. It must be written so that it is not open to any misconstruction. It should be rigid so that the central government cannot change the powers guaranteed to the states easily.

B. There is a division of powers between the centre and the units.

C. There is a supreme court which acts as the guardian of the constitution. It settles the constitutional disputes, if any, between the centre and states.


The American constitution satisfies all the conditioned mentioned above.
American Scheme of Distribution of Powers:


A) The powers of the national government are listed in the article 1 section 8 of the constitution. Some of these powers are:
1. Taxation for federal purpose.
2. Borrowing on the nation’s credit.
3. Regulation of foreign and inter-state commerce.
4. Army and navy
5. Foreign affairs and international treaties.
6. Copy rights
7. Postal service
8. Admission of new states.
9. Currency and Coinage


B) A list of powers prohibited to the national government and a list of powers prohibited to the states have also been given. The national government, for example, has been prohibited from meddling with the free exercise f any religion. The states have been prohibited from entering into an alliance or treaty with any foreign power.


C) All the residuary powers are vested in the states. The 10th amendment expressly declares, “Whatever is not given to the U.S by the constitution, nor prohibited by it to the states, is reserved to the states respectively or to the people.”


The powers of the states have not been enumerated in the constitution whatever is not given to the centre belongs to the states. The states in the U.S , therefore , have unremunerated but not unlimited powers.


Features of US federalism:

1. The division of powers is made by the constitution which is both written and rigid.

2. The constitution has provided for a supreme court which acts as the guardian of the constitution. It is competent enough to settle the constitutional disputes which may arise between the national government and the states.

3. This type of dual system of powers which we have seen above, is the only one which could have been possible at the time of framing the constitution. It provides for power for both the centre and state government .No government in United States has unlimited powers.

4. The type of federalism which the Americans have today is very much different from the one which they have started over 200 years ago. As the Americans moved from milepost to milepost, various American institutions cut new channels and developed new patterns. One subject which was greatly affected at each stage was the centre-state relationship.

5. Hamilton had predicted it in 1788 that “it would always be for easier for the state government to encroach upon the national authorities than for the national government to encroach upon the state authorities.“ . What has actually happened is just the reverse with the constant increase in the national economy. One significant feature is the rise of the national government to its present predominant position.


Reasons for the increase in national powers:

i. After the civil war more and more problems requiring the attention of the national government become apparent.
ii. The question of implied powers is another factor responsible for the growth of national powers. It has been fully supported by the Supreme Court. “Whatever is not prohibited is constitutional”.
iii. The predisposition of Supreme Court in favor of central government.
iv. Labor troubles, floods and epidemics
v. The federal government uses state officials as its gents.
vi. The growth of national press.
vii. The growth of political parties on national lines.
viii. The rise of the country to its present international stature
ix. The growing public demand for state services.
x. Foreign affairs

But all this does not mean that there is not a true federalism in United States. Although the centre has assumed a predominant position but the original balance of powers has not been radically altered.

In the words of professor Munroe:

“The states are still the pivots around which the whole U.S political system revolves.”

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