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people's consent is withdrawn, citizens have a right to rebellion.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