The Meaning of Federalism in The Federalist: A Critical Examiniation of the Diamond Theses

Language poses a serious problem in political discourse whenterms like federalism come to mean anything, everything, andnothing. An issue of some importance is how "confederation"was conceptualized in The Federalist, how that conceptualizationwas subject to critical analysis, especially in Federalist 15and 16, and how the resolution of that critique contributedto the conceptualization of a federal system of governance.This essay was written in response to a re-reading of MartinDiamon's essay on "The Federalist's View of Federalism." Theposition taken is that the theory of constitutional choice usedto articulate the arguments in The Federalist provides the appropriatelogic for construing the meaning of federalism despite the ambiguitiesof language contained in The Federalist.     

Frank Meyer: The Fusionist as Federalist

Frank S. Meyer played a central role in defining the post-warAmerican conservative movement by defining and defending anideological "fusion" of traditional conservative principlesand libertarian political beliefs. While concerned with maintenanceof an objective moral order and the pursuit of virtue in theindividual, Meyer argued that the freedom of the person is thecentral and primary end of political society. The American systemof government, with its horizontal and vertical separationsof power, came closer than any political system in history toproviding the protection for individual liberties necessaryfor the effective pursuit of virtue. Federalism was particularlyimportant as it could forestall the centralization of governmentpower. Virtue, to have any meaning, had to be chosen freely,but providing for individual freedom provided no guarantee thatindividuals would pursue virtuous ends. By the same token, federalismand the separation of powers did not guarantee that state governmentswould adopt wise or moral policies, as the history of the civilrights struggle attests. Nonetheless, Meyer believed federalismwas essential if individual freedom was to endure.     

The Federalism Debate

These papers examine current Australian federalism from the perspectives of an academic and a practitioner. Both acknowledge the opportunities arising from the current White Paper process, as well as challenges in the face of substantial cuts of proposed funding from the Commonwealth to the States. They insist upon the need for renewed commitment to the idea of federalism, and the importance of sustainable fiscal arrangements within the federation. Challenges in Reforming Australian federalism reminds us of the kind of federalism operative in Australia – concurrent, not coordinate – and develops reform proposals accordingly. Ten Steps to a Better Federation offers a range of ideas from a former state premier, drawing on his experience as both a participant at Council of Australian Government (COAG) and, later, Chair of the COAG Reform Council.     

The Rise of Competitive Federalism

This article challenges the prevailing view of increasing political and fiscal centralization in the federal government. Since 1978, the authors argue, the nation has entered a new era of "Competitive Federalism" with federal, state and local governments locked in a competitive struggle for taxpayer resources and support. The new era has emerged largely because of the loss of the tremendous fiscal advantage held by the federal government during its centralization period, 1929 to 1978. Although "deregulated" and free to move into any area of domestic policy, the federal government is constrained by necessary budget pressures and a "reformed" income tax structure. Competitive Federalism has emerged as a new balancing force between Washington, D.C. and the fifty state-local governments and will govern the federal system for the foreseeable future.     

The State of American Federalism, 2005: Federalism Resurfaces in the Political Debate

After several years during which federalism was rarely a prominentor explicit issue in political debates, it was in several waysthrust into the public consciousness in 2005. It was not thatthe president or Congress ceased sacrificing state and localinterests to substantive policy goals, as shown by the costlyREAL ID Act, stringent new federal requirements in the TemporaryAid to Needy Families reauthorization, and congressional interventionin the Terri Schiavo case. However, Hurricane Katrina, and particularlythe delayed and ineffective intergovernmental response, generatedsubstantial debate about the appropriate federal role in disasterrelief. In addition, state and local governmental oppositionto the No Child Left Behind Act intensified and generated significantattention during the year, particularly as a result of a Utahstatute asserting the precedence of state over federal law anda Connecticut lawsuit against the act. Meanwhile, state governmentscontinued to address a number of policy problems that federalofficials were unable or unwilling to confront, especially regardingenvironmental, health-care, and labor issues. Finally, althoughthe Supreme Court in 2005 continued its recent (2003–2004)trend of pulling back somewhat from its late-1990s Congress-curbingdecisions, federalism issues figured quite prominently in thesenate confirmation hearings for Chief Justice John Robertsand Justice Samuel Alito.     

Protecting Individual Rights Through a Federal System: James Buchanan's View of Federalism

James Buchanan is a Nobel Prize winning economist and the founderof the public choice movement in economics. Public Choice playeda critical role in underpinning conservative attacks on thewelfare state in the 1980s and 1990s in the United States. Asa committed supporter of free markets and strong skeptic oflarge governments, Buchanan has long supported the use of federalismto protect individual liberty, promote democratic efficiency,and help foster community values. This article reviews Buchanan'sresearch on the advantages of a federal system.     

Devolutionary Federalism and Elazar's Typology: The Arkansas Response to Reagan's New Federalism

This article examines the relationship between the federal andstate governments with regard to the Reagan administration'sNew Federalism. The underlying concern centers on the financialrelationship among governments portrayed by Elazar's typologyof federal aid. The focus of this investigation is directedtoward the adjustments being made by the states to accommodatethe financial and administrative changes occurring on the nationallevel, as illustrated by the case of Arkansas. The analysiscenters on two questions: 1) Has the New Federalism initiativeachieved Reagan's goals of decentralizing governmental authorityback to the states? 2) Has a major redirection in the federalsystem been achieved by reducing the federal financial obligationin the intergovernmental system? The changes being made in thefederal system, as reflected by the adjustments occurring amongthe states, may signal an important realignment of federalism.     

The Status of State Governments in Nigeria's Federalism

Nigerian states have almost completely lost their autonomy.The Babangida years and, in particular, 1991–1992, havewitnessed unprecedented reductions in states' powers. The entrenchmentof local government autonomy and the loss of some state powersto local authorities, the reduction of states' financial powersand their share of the Federation Account, as well as the decreeof a highly centralized two-party system, all have, within theframework of structural economic adjustment and the transitionto civil rule (expected to be completed in January 1993), worsenedthe position of the state governments. However, with the establishmentof civilian governance in the states and the return of constitutionalgovernment after January 1993, the state governments may reasserttheir autonomy.     

Federalism and The Politics of Tobacco

Late in 1998, the United States acquired a new regime of tobaccocontrol engineered by the states' attorneys general. Nearlyall of them had filed lawsuits against the major cigarette manufacturers,allegedly with the aim of recouping Medicaid costs attributableto smoking. Despite latent differences of culture and interestin regard to tobacco control, all of the states eventually joinedin settlements with the industry that exacted large paymentsand restricted the industry's advertising and marketing practices.This article explains how it was possible for many differentpolities to agree on the settlement terms, and asks what thecase shows about the impact of federalism on tobacco policymaking.It concludes that tobacco policymaking in the 30 years priorto the lawsuits (1964–1994) was more consonant with constitutionalprinciples and not ineffective in achieving control.     

The Virtuous Polity, The Accountable Polity: Liberty and Responsibility in The Federalist

The Federalist claims to present a republican response to thetypical political problems faced by republics. That solutionrequired a departure from all models of republics known at thattime, and in particular a break with Anti-Federalist modelsthat posited heavy reliance on responsibility, understood aseither political accountability or as moral and political virtue.The Federalist challenges the Anti-Federalist notion that a"no-gap polity" is the means to safe and effective republicanism.It also challenges those who believe that virtue of people orrulers is the precondition of a republican polity. Publius doesrequire quasi-virlues of certain sorts—and thus does notrely entirely on calculating selfinterest—but these aresignificantly different from the virtues posited by earlierrepublican theorists or certain contemporary interpreters ofThe Federalist.     

The State of American Federalism, 2004: Is Federalism Still a Core Value?

Federalism as a political issue was conspicuously absent fromthe 2004 presidential contest. Unlike many previous campaigns,neither party's candidate made much mention of problems besettingstates and localities. The war against global terrorism andthe changing situation in Iraq shaped the election. Progresswas made on homeland security, but intergovernmental wranglingover federal grants continued unabated. Federal-state feudswere common in several policy areas, including education, environmentalprotection, and health care. State finances received a revenueboost as economic growth picked up, but rising costs for Medicaid,education, employee pensions, and prisons clouded states' financialforecasts. The U.S. Supreme Court decided several cases witha federalism dimension, and these decisions plus those of thepast several years suggest the Court has moved not so much togrant more power to the states but to prune back the power ofCongress. Much of what has happened during the first Bush administrationmust be seen against the larger background of changes in theAmerican political party system. Changes in party organizationand policy control, especially during the first Bush administration,reaffirm David Walker's assessment that over the past quartercentury American federalism has become more nationalized.     

The High Court and Australian Federalism

This article analyzes the constitutional role of the High Courtof Australia during its first hundred years and the effect ofthat role on the Australian federation. The High Court has acceptedas axiomatic that part of its function is the judicial reviewof legislation of both the federal and state legislatures. Itsapproach is relatively modest and "textualist." That approachhas been affected by historical changes, including Australia'sindependence from Great Britain. The decisions of the High Courthave provided a framework for the development of the Australianfederation over the last century in increasing the relativeimportance of the federal government at the cost of the stategovernments. However, those decisions are probably best viewedas reflecting, rather than creating, the changes and developmentsin the federation.     

The Shadow of Sharia Over Nigerian Federalism

The sentencing under Sharia law in Nigeria's northern stateof Katsina in 2002 of a 31-year-old woman, Amina Lawal, to bestoned to death for adultery highlighted the rising religiousconflict and violence that has occurred since the resumptionof civilian democratic governance in 1999. Although the practiceof Sharia in personal and civil matters had been accommodatedby the British and by Nigeria's various constitutions, whatwas new in 1999 was the extension of Sharia from civil to criminalmatters, thus producing such punishments as decapitation, amputation,and stoning to death, threatening the well-being of non-Muslims,endangering fundamental rights protected by Nigeria's federalConstitution, and posing significant challenges to elected officialsand federal courts. The extension of Sharia to criminal lawin 12 northern states also has increased intercommunal and intergovernmentalconflict, threatening the fabric of Nigerian federalism.     

Recasting Federalism in Mexico

Decentralization of political power and administrative decision-makingduring the last three presidential administrations (1982–2000)has recast federalism in Mexico and sharply altered intergovernmentalrelations between the levels of government and between the principalbranches. Although decentralization cannot be equated conceptuallywith federalism, their relationship is extremely tight in Mexico.The shift toward a more decentralized regime is an outcome offederal government policies and political liberalization. Politicalpluralism and the demise of centralism were further intensifiedby the 1997 midterm elections. The rapidly changing politicalclimate in Mexico has increasingly demanded that the reallocationof power be genuine, that is, that power be shared not onlyvertically, with the various levels of government, but alsohorizontally, with the other branches as well.     

The Politics of Coercive Federalism in the Bush Era

During the period of the Bush Presidency, the federal governmentproceeded to centralize and nationalize policy in major areasformerly controlled by states and localities. The extensionof federal goals and standards to such areas as education testing,sales tax collection, emergency management, infrastructure,and elections administration were among the areas of significantmandates and preemptions. The continuation of policy centralizationin areas under a conservative and unified political regime showshow strong and deep the roots are for centralizing policy actionsin our intergovernmental system.     

The KwaZulu/Natal Indaba: A Federalist Proposal for South Africa

In Durban, South Africa, delegates from South Africa's politicalcenter proposed a federal solution to apartheid. Called theKwaZulu/Natal "Indaba," the plan proposes to merge two hithertosegregated jurisdictions and to bring majority rule to at leastone province of South Africa. The system envisioned by the planincludes a bicameral legislature, a consociational cabinet,proportional representation, minority veto over certain legislation,a segmented representative chamber, and enforcement of a comprehensiveBill of Rights. The "KwaNatal" plan also calls for a substantialdevolution of power, including the right of the provincial legislatureto repeal acts of Parliament that invade areas of provincialcompetence. This determination to extend local, multiracialautonomy put Natal officials on a collision course with thecentral government at Pretoria, which is trying to eliminatethe elected provincial governments.     

The Macdonald Commission Report and Canadian Federalism

The Macdonald Commission report is the latest in a series ofreports on Canadian federalism. Its proposal for free tradewith the United States has attracted the most public attentionand has already raised the issue of the appropriate role ofthe provinces in the negotiations. This proposal, together withproposed domestic economic and social policies directed at greaterreliance on market forces, would have a significant impact onthe relative roles of the federal and provincial governments.The institutional reforms advocated are intended to make thecentral institutions more representative and responsive, toensure federal leadership within the economic union, to clarifythe distribution of responsibilities between governments, andto facilitate intergovernmental relations. The proposals arebased on an underlying conception that while interdependencebetween governments in a federation is unavoidable, federalismis essentially competitive rather than cooperative in character.