Federalism & Global Governance: An Overview
Philosophical Underpinnings of Federalism
In the 17th century, Thomas Hobbes also spoke of anarchy. He famously stated in Leviathan that in man's natural state, life is "solitary, poor, nasty, brutish, and short". The social contract is formed to counter this state to provide peace and defense of the people.
John Locke, another 17th century English philosopher, was also a proponent of social contract theory. Locke said that government was only legitimate with the consent of the people through a social contact. The people willingly give the government control to judge and execute laws and exact punishment in return for the government's protection of their natural rights of life, liberty, and estate. If the people's consent is withdrawn, citizens have a right to rebellion. Sovereignty lies in the people.
Jean-Jacques Rousseau published The Social Contract, in which he outlined "the basis for a legitimate political order". Rousseau also argued that sovereignty lies in the people. However, he did not believe in a representative assembly. Rather, he thought the people should make the laws directly. For Rousseau, the social contract was between man and his fellow men rather than between man and his government.
Sovereignty is supreme power, especially over a body politic. It is a controlling influence and it is also freedom from external control. Popular sovereignty is the doctrine that government is created by and subject to the will of the people.
Thus, Locke's and Rousseau's belief in the sovereignty of the people leans naturally towards democracy. Our founding fathers had studied the writings of these scholars and their influence is apparent in our own government.
What Is Federalism?
A bare bones explanation would include eight generally agreed upon components: levels of government, a written constitution, separation of powers, interaction between units, application of laws to individuals, means of enforcement, means of fundraising and a bill of rights. But federalism is more than simply a form of government. It is also a political philosophy, which, like liberalism (the root philosophy) promotes the sovereignty and freedom of the individual while providing security and stability, without becoming static. It is not an easy philosophy by which to be governed, since it requires an informed and active citizenry, but it is certainly one of the most enlightened methods of governance in operation today. Each component listed above serves an essential role promoting these ideals.
Federal Components
Tiers of Government
Sovereignty ultimately resides in the individual. However, most individuals find it a good idea to share some sovereignty with an overarching authority, in order to mediate disputes and prevent anarchy. The closest level of authority (government) is the local polity, and except for tax time, is the level most often encountered by individuals. However, just as individuals cannot provide all solutions themselves, sometimes localities are unable to solve problems- either they lack the financial means or political power to act appropriately or they come into conflict with other localities. This is where the next higher level of government enters- county, state. Some issues, such as defense and international relations, are only possible on the national level. However, it is increasingly obvious that even the national level is not high enough to resolve all problems- hence a global federalist level (at this point, unless we discover life on other planets, no other actors to fight with will be available so we should finally be able to get things done). The goal is to keep the dispute and solution as local as possible- as close to the individual as possible- but the other levels provide means for mediation and resolution if necessary.
Written Constitution
While a written constitution is not strictly necessary, a written agreement makes a nice reference source and makes it harder to get away with just making things up. It also defines the scope of each unit so there is some final authority of rights and powers. The capacity for amendments is also important, as no human work is infallible and historical injustices need to be corrected.
Separation of Powers
Most commonly legislative, executive and judicial. The legislature, usually comprised of the people's representatives, is responsive to their interests and needs and passes laws to secure those interests. The executive is then charged with implementing the laws, although he can veto if he deems it necessary. Courts provide the final authority in constitutionality, but obviously are powerless to enforce their decisions. These are the (in)famous checks and balances. Each branch has its own powers and its own corresponding interests- and will check the powers of the others to preserve those powers. While the people don't rule themselves directly, their representatives and the arbitrators chosen by their representatives are tasked with acting in the best interests of the people, and should they fail to do so, can be removed from power- the ultimate check and balance resides in the hands of the people.
Provisions for Interaction
Mostly covered in the last section- tells everyone the rules of the playground. Local laws can be superseded by high level legislatures, court cases begin at the appropriate level and reach the US Supreme Court, etc.
Laws Apply to the Individual
If an individual commits a crime, then he and only he is held responsible- not his family, neighbors, community. If the power to act ultimately rests in the individual, then the rights and privileges of the community are not to be suspended due to the wrongdoing of an individual.
Powers of Enforcement
If the government is granted the ability to act, then it needs to have the power to act.
Means of Fundraising
Similar to the above component. To quote Ellsworth, delegate to the Convention: ‘For the sword without the purse is of no effect: it is a sword in the scabbard.'
Bill of Rights
Again, not strictly necessary, as the government generally only has the power to act as specifically enumerated. However, it is a final guarantee of the rights and privileges of the individual, both from others, and more importantly, from the government. The individual remains supreme in that he has rights, while the government is only granted powers.
Federalism in the U.S.
On February 21, 1787, Congress, as authorized by the Articles of Confederation, called for a convention of delegates to meet and discuss the flaws of the Articles. The delegates were charged with amending the Articles, not replacing them, but through the earnest advocacy of the Virginia delegates and other likeminded supporters, the radical idea of a federalized government- with power given to both the states and a strengthened national government- emerged. The resulting Constitution was signed on September 17, 1787 and submitted to the state legislatures for ratification. Ratification was an arduous process but a necessary nine states had ratified by June 21, 1788, less than one year later. Virginia ratified on June 25, 1788, New York on the 26th of July, South Carolina not until November 21, 1789 and Rhode Island, May 29, 1790. These later ratifications did not prevent the other states from beginning the process of setting up the new government: sending representatives to the new Federal Congress and inaugurating George Washington as President on April 30, 1789. In the first session of the new Congress, the first ten amendments, now known as the Bill of Rights, were proposed, and ratified in the proper manner on December 15, 1791.
Today, the United States is a federation of 50 states. The national government consists of three branches: the Executive, the Legislature, and the Judiciary. National law is set forth by the US Congress, administrative regulation, and judicial cases interpreting laws and regulations.
Executive Branch
The Executive branch consists of the President and his appointees. The President is the head of state and head of government, as well as Commander-in-Chief of the military. He and the Vice President are elected as ‘running mates' by the Electoral College, in which each state and the District of Columbia are allocated seats based on their representation in both Houses of Congress. The Vice President is first in line of the succession of the Presidency. His only other constitutional duty is to serve as President of the Senate and break ties that might occur during voting. Over time, the office has evolved into chief advisor to the President.
The President has the power to sign or veto legislation, pardon criminals convicted of a federal offense, give executive orders and appoint Supreme Court and federal judges (with consent of the Senate). Through the actions of the executive agencies- collectively employing about 4 million people- the President has broad powers to manage national affairs.
Legislative Branch
Congress consists of two Houses- the House of Representatives and the Senate- both elected directly. House seats are apportioned by population; it currently has 435 members. Each state has 2 Senators, making the Senate 100 members strong. Each House has particular exclusive powers: the Senate advises and approves many Presidential appointments, and the House of Representatives must introduce any bills for raising revenue. Congress also serves to monitor the actions of the executive branch. However, Congress is limited to the powers enumerated by the Constitution, all others being reserved for the people and the states.
Judicial Branch
The highest court is the Supreme Court of the United States, which currently consists of nine justices. The court deals with matters pertaining to the Federal Government, disputes between states, and interpretation of the United States Constitution, and can declare legislation or executive action made at any level of the government as unconstitutional, nullifying the law and creating precedent for future law and decisions. Below the Supreme Court are the courts of appeals, and below them in turn are the district courts, which are the general trial courts for federal law.
Separate from, but not entirely independent of, this federal court system are the individual court systems of each state, each dealing with its own laws and having its own judicial rules and procedures. The supreme court of each state is the final authority on the interpretation of that state's laws and constitution. A case may be appealed from a state court to the U.S. Supreme Court only if there is a federal question (an issue arising under the U.S. Constitution, or laws/treaties of the United States).
Other Federalist States
Canada
India
Indonesia
Nigeria
Mexico
Switzerland
Global Federation
The WFI supports global goverance in line with the political philosophy of Federalism. The UN is another type of governance: a confederation. Those familiar with the so-called billiard ball/Westphalian system of international relations subscibe to another view of global goverance: the lack thereof, or anarchy.
+ Read More: The Best Way to Give the Poor a Real Voice Is through a World Parliament , by George Monbiot
+ Read More: An Exciting Idea with an Enormously Dull Name , by Jane Shevtsov
+ View our list of other global governance organizations!