Federalism in the Philippines Federalism in the Philippines Federalism
Federalism is a proposed system of administration for theis a proposed system of administration for the PhilippinesPhilippinesand a revision of the currentand a revision of the current 19871987 constitution
constitution. Under Joint Resolution No. 10, proposed by senator . Under Joint Resolution No. 10, proposed by senator Aquilino Pimentel, Jr.Aquilino Pimentel, Jr.,, the creation of the creation of eleven autonomous regions out of
eleven autonomous regions out of the Philippine Republic which would establish centers of the Philippine Republic which would establish centers of finance andfinance and development in the archipelago.
development in the archipelago.[1][1]
Contents Contents
•
• 1 Joint Resolution No. 101 Joint Resolution No. 10 o
o 1.1 Senate Majority1.1 Senate Majority •
• 2 Eleven States2 Eleven States •
• 3 Federal Administrative Region3 Federal Administrative Region •
• 4 Senators Based on states4 Senators Based on states •
• 5 House Concurrent Resolution No. 155 House Concurrent Resolution No. 15 o
o 5.1 Presidential Visit of Couchepin 5.1 Presidential Visit of Couchepin and Arroyo's backingand Arroyo's backing •
• 6 References6 References •
• 7 External links7 External links
Joint Resolution No. 10 Joint Resolution No. 10
The resolution will require the revision of
The resolution will require the revision of 14 of the 14 of the existing 18 Articles of the 1987 Philippine Constitutionexisting 18 Articles of the 1987 Philippine Constitution and the addition of two new articles. It seeks to adopt a
and the addition of two new articles. It seeks to adopt a federalfederalpresidentialpresidentialbicameralbicameralform of form of government.
government. Senate Majority Senate Majority
This proposed bill is backed by the 13 senators of
This proposed bill is backed by the 13 senators of the Philippines:the Philippines:
•
• Senate Minority Floor Leader Senate Minority Floor Leader Aquilino Pimentel, Jr.Aquilino Pimentel, Jr.filed Senate Resolution No. 10filed Senate Resolution No. 10 •
• Senate President Manuel Villar, Jr.Senate PresidentManuel Villar, Jr. •
• Sen.Sen. Edgardo AngaraEdgardo Angara •
• Sen.Sen. Pia CayetanoPia Cayetano •
• Sen.Sen. Juan Ponce EnrileJuan Ponce Enrile •
• Sen.Sen. Francis EscuderoFrancis Escudero •
• Sen.Sen. Jinggoy EstradaJinggoy Estrada •
• Sen.Sen. Gregorio Honansan IIGregorio Honansan II •
• Sen.Sen. Panfilo LacsonPanfilo Lacson •
• Sen.Sen. Francis PangilinanFrancis Pangilinan •
• Sen.Sen. Ramon Revilla, Jr.Ramon Revilla, Jr. •
• Sen.Sen. Rodolfo BiazonRodolfo Biazon •
• Sen.Sen. Juan Miguel ZubiriJuan Miguel Zubiri[2][2]
Eleven States Eleven States
The states would be Northern
The states would be Northern LuzonLuzon,, Central LuzonCentral Luzon,, Southern TagalogSouthern Tagalog,, BicolBicol, Minparom (, Minparom (MindoroMindoro,, Palawan
Palawan,, andand RomblonRomblon),), Eastern VisayasEastern Visayas,, Central VisayasCentral Visayas,, Western VisayasWestern Visayas,, Northern MindanaoNorthern Mindanao,, Southern Mindanao
Southern Mindanaoandand BangsamoroBangsamoro..[3][3]
These would be similar to the US 50 states. These would be similar to the US 50 states. Federal Administrative Region
Federal Administrative RegionMetro Manila will be patterned to the USMetro Manila will be patterned to the US Washington, D.C.Washington, D.C., and will be, and will be the seat of the Federal government.
Senators Based on states Senators Based on states
Other major proposals: the election of senators based on states; the election of senators representing Other major proposals: the election of senators based on states; the election of senators representing overseas voters; the election of the president and the vice-president as a team; the abolition of the overseas voters; the election of the president and the vice-president as a team; the abolition of the Judicial and Bar Council which screens nominees to the judiciary etc
Judicial and Bar Council which screens nominees to the judiciary etc..[4][4]
House Concurrent Resolution No. 15 House Concurrent Resolution No. 15 Rep. Monico O. Puentevella on
Rep. Monico O. Puentevella on May 7May 7,, 20082008,, filed House Concurrent Resolution No. 15 which supportedfiled House Concurrent Resolution No. 15 which supported Senate Resolution No. 10 backed by 16
Senate Resolution No. 10 backed by 16 senatorssenators.. Unlike theUnlike the Nene PimentelNene PimentelSenate Resolution,Senate Resolution, Puentevella included the option of holding a
Puentevella included the option of holding a constitutional conventionconstitutional convention, but excluded the, but excluded the People's InitiativePeople's Initiative mode.
mode.[5][5]
Prospero Nograles
Prospero Nograles,, a self-proclaimed advocate of a self-proclaimed advocate of federalismfederalism,, onon May 1May 1, 2008, announced: "This, 2008, announced: "This federal system of government is close to my heart as a
federal system of government is close to my heart as a Mindanaoan leader and I'm sure most of theMindanaoan leader and I'm sure most of the leaders in Mindanao will agree that we have long clamored for it. Senate Resolution 10 is a pleasant leaders in Mindanao will agree that we have long clamored for it. Senate Resolution 10 is a pleasant surprise because the Senate has a long history of opposing any
surprise because the Senate has a long history of opposing any move to amend the Constitution."move to amend the Constitution."[6][6]TheThe
joint Senate resolution called for the creation
joint Senate resolution called for the creation of 11 federal states in the country, by convening of Congressof 11 federal states in the country, by convening of Congress “into a
“into a constituent assemblyconstituent assemblyfor the purpose of revising the Constitution to establish a federal system of for the purpose of revising the Constitution to establish a federal system of government.”
government.”
Presidential Visit of Couchepin and Arroyo's backing Presidential Visit of Couchepin and Arroyo's backing
Swiss President Pascal Couchepin Swiss President Pascal Couchepin Gloria Macapagal-Arroyo
Gloria Macapagal-Arroyostated to visiting Swiss stated to visiting Swiss PresidentPresident Pascal CouchepinPascal Couchepin: “We advocate federalism: “We advocate federalism as a way to ensure long-lasting peace in Mindanao.”
as a way to ensure long-lasting peace in Mindanao.”[7][7]
Gloria Macapagal-Arroyo
Gloria Macapagal-Arroyo stated to visiting Swiss stated to visiting Swiss PresidentPresident Pascal CouchepinPascal Couchepin: “We advocate federalism: “We advocate federalism as a way to ensure long-lasting peace in Mindanao.”
as a way to ensure long-lasting peace in Mindanao.”[7][7]Press Secretary Jesus Dureza, onPress Secretary Jesus Dureza, on August 12August 12,,
2008, stated: “It’s all systems go for
2008, stated: “It’s all systems go for Charter change. We are supporting Senate Joint Charter change. We are supporting Senate Joint Resolution No. 10.Resolution No. 10. Naughty insinuations that she [Arroyo] was going for Cha-cha [Charter change] because she wants to Naughty insinuations that she [Arroyo] was going for Cha-cha [Charter change] because she wants to extend her term in o
extend her term in o ffice prompted the President to make her ffice prompted the President to make her position clear. She is calling for aposition clear. She is calling for a constitutional amendment
constitutional amendment… in order to bring about the… in order to bring about the BangsamoroBangsamoroJuridical Entity. An opportunityJuridical Entity. An opportunity should be given to the whole country to avail of
should be given to the whole country to avail of the reform effects of federalism. Ththe reform effects of federalism. The sentiment of manye sentiment of many people there is to
people there is to give local officials more authority in order to give local officials more authority in order to perform better. perform better. And the federal set-up is And the federal set-up is thethe way forward to this. The President has approved the way forward and there’s no question about it. If she way forward to this. The President has approved the way forward and there’s no question about it. If she has the political will to do it she has to muster political will in spite of all these noises.”
has the political will to do it she has to muster political will in spite of all these noises.”[8][8]
Meanwhile,
Meanwhile, La UnionLa UnionRepresentative Victor Ortega of Representative Victor Ortega of La UnionLa Union, chairman of the House committee on, chairman of the House committee on constitutional amendments said, the results of his
constitutional amendments said, the results of his survey showed that 115 (94.26%) of the 123 survey showed that 115 (94.26%) of the 123 solonssolons were in favor of
were in favor of amending the Constitution. Howeveramending the Constitution. However, opposition and leftist lawmakers questioned the, opposition and leftist lawmakers questioned the results and intent of Ortega’s survey, and called Arroyo’
results and intent of Ortega’s survey, and called Arroyo’s proposal a s proposal a ploy for her “perpetuation in ploy for her “perpetuation in power”power” and the removal of
and the removal of protectionist provisions in the Charter. Ortega’s survey showed 62 respondents favor protectionist provisions in the Charter. Ortega’s survey showed 62 respondents favor Charter change through a
Charter change through a constitutional assemblyconstitutional assembly, and 89 , and 89 respondents were in favor of respondents were in favor of shifting to ashifting to a parliamentary
parliamentaryform of government compared to 56 who voted for form of government compared to 56 who voted for federalismfederalism, while 70 respondents, while 70 respondents preferred to amend the Constitution after the
preferred to amend the Constitution after the 2010 presidential elections. Members of the 2010 presidential elections. Members of the committee oncommittee on constitutional amendments would vote by the end August on
Administrative divisions of the Philippines Administrative divisions of the Philippines The
The PhilippinesPhilippines is divided into, from the highest division to the lowest:is divided into, from the highest division to the lowest: 1.
1. Provinces and independentProvincesand independent citiescities 2.
2. Municipalities and component citiesMunicipalitiesand component cities 3.
3. BarangaysBarangays
Each division at each level from the provinces down to the barangays is
Each division at each level from the provinces down to the barangays is aa local government unit (LGU)local government unit (LGU).. For administrative purposes, the
For administrative purposes, the provincesprovincesandand citiescities are grouped intoare grouped into regionsregions. The. The PresidentPresidenthas thehas the prerogative to create, abolish and determine the composition of regions, which is done so most often in prerogative to create, abolish and determine the composition of regions, which is done so most often in consultation with the local government units affected; with the exception
consultation with the local government units affected; with the exception of autonomous regions, whereof autonomous regions, where the residents of the local government units have to ratify in a plebiscite their inclusion in such a setup. the residents of the local government units have to ratify in a plebiscite their inclusion in such a setup. Other political divisions exist for the other branches
Other political divisions exist for the other branches of government:of government: 1.
1. Legislative districts for theLegislative districts for the House of RepresentativesHouse of Representatives 2.
2. JudicJudicial rial regions egions for tfor the Rehe Regionagional Tl Triarial Coul Courts.rts.
•
• 1 Local government units1 Local government units o
o 1.1 Provinces1.1 Provinces o
o 1.2 Cities and municipalties1.2 Cities and municipalties o
o 1.3 Barangays1.3 Barangays •
• 2 Other divisions2 Other divisions o
o 2.1 Regions2.1 Regions o
o 2.2 Legislative districts2.2 Legislative districts o
o 2.3 Judicial regions2.3 Judicial regions •
• 3 Other organizations3 Other organizations •
• 4 References4 References
Local government units Local government units Provinces
Provinces
All regions except one (Metro Manila) are
All regions except one (Metro Manila) are subdivided intosubdivided into provincesprovinces. Each province is headed by a. Each province is headed by a governor
governor. The legislative arm is the . The legislative arm is the provincial board composed of the provincial board composed of the different boarddifferent board Cities and municipalties
Cities and municipalties
Other regions, aside from having provinces also have
Other regions, aside from having provinces also have independindependent ent citiescities. The independent cities are. The independent cities are highly urbanized cities, and cities whose charters
highly urbanized cities, and cities whose charters separated them from their mother provinces. Theseseparated them from their mother provinces. These cities are not administered by their mother provinces, and hence, do not vote for provincial leaders. cities are not administered by their mother provinces, and hence, do not vote for provincial leaders. Cities that are politically a part of a province are called
Cities that are politically a part of a province are called componencomponent t citiescities. The voters in these . The voters in these cities votecities vote for the provincial governor, and is considered a
for the provincial governor, and is considered a part of the province.part of the province. Municipalities
Municipalities are always associated with a are always associated with a province, except those within Metro Manila, which areprovince, except those within Metro Manila, which are independent. Cities and municipalities are headed by
independent. Cities and municipalities are headed by a mayor. The legislative arm of the cities anda mayor. The legislative arm of the cities and municipalities are the city/town councils, which are composed of
Barangays Barangays
Cities (both independent and within their mother pro
Cities (both independent and within their mother pro vinces) and municipalities are further divided intovinces) and municipalities are further divided into barangays
barangays. The barangay is the smallest political unit. In some big cities, barangays are grouped into. The barangay is the smallest political unit. In some big cities, barangays are grouped into zones for administrative purposes. Each barangay is headed by a barangay captain.
zones for administrative purposes. Each barangay is headed by a barangay captain. Other divisions Other divisions Legislative districts Legislative districts Judicial Regions Judicial Regions Regions Regions
Regions are administrative groupings of provinces. They all but
Regions are administrative groupings of provinces. They all but one region do one region do not have political power,not have political power, but merely serve as
but merely serve as administrative groupings of provinces. Theadministrative groupings of provinces. The Autonomous Region in Muslim MindanaoAutonomous Region in Muslim Mindanao has political power, and is headed by
has political power, and is headed by a regional governor. If thea regional governor. If the Cordillera Administrative RegionCordillera Administrative Region becomesbecomes autonomous, it too, would
autonomous, it too, would have political power.have political power. All but one region is divided into provinces.
All but one region is divided into provinces. Metro ManilaMetro Manila(the National Capital Region), due to its (the National Capital Region), due to its urbanurban environment, is not divided into provinces, but
environment, is not divided into provinces, but instead is divided directly into cities and instead is divided directly into cities and municipalities. Themunicipalities. The cities and municipalities of Metro Manila are g
cities and municipalities of Metro Manila are g rouped together into districts for administrative purposes.rouped together into districts for administrative purposes. The
The Supreme CourtSupreme Courtruled that a region must be composed of more ruled that a region must be composed of more than one province.than one province.
Legislative districts Legislative districts
In addition, the Philippines is also divided
In addition, the Philippines is also divided intointo legislative districtslegislative districts. The legislative districts may either be. The legislative districts may either be a single province, a group or, in cases where a city has a large population, a group
a single province, a group or, in cases where a city has a large population, a group of barangays. Severalof barangays. Several cities and municipalities of Metro Manila previously held shared
cities and municipalities of Metro Manila previously held shared districts - where two or more districts - where two or more LGUs hadLGUs had shared a
shared a representative. Currentlyrepresentative. Currently, only , only thethe Legislative district of Pateros-Taguig CityLegislative district of Pateros-Taguig City shares itsshares its representatives into two LGUs.
The purpose of legislative districts is for
The purpose of legislative districts is for the election of representatives to thethe election of representatives to the House of RepresentativesHouse of Representatives.. Each legislative district has
Each legislative district has no political power.no political power. If a province or a city is composed of
If a province or a city is composed of only one legislative district, it said to be theonly one legislative district, it said to be the lone district lone district (for (for example, the "
example, the "Lone district of Marikina CityLone district of Marikina City")."). Judicial regions
Judicial regions
The Philippines is divided into thirteen
The Philippines is divided into thirteen judicial regions judicial regions, where judges of the regional trial courts are, where judges of the regional trial courts are stationed.
stationed.
Provinces of the Philippines Provinces of the Philippines The
The provinces of the Philippinesprovinces of the Philippines are the primaryare the primary administrative divisionsadministrative divisions of theof the PhilippinesPhilippines. There are. There are 81 provinces, further subdivided into
81 provinces, further subdivided into citiescities andand municipalities.municipalities. TheThe National Capital RegionNational Capital Region is autonomousis autonomous of provincial government. Each province is administered by
of provincial government. Each province is administered by an elected provincialan elected provincial governor governor who overseeswho oversees various local government entities.
various local government entities.
The provinces are grouped into seventeen
The provinces are grouped into seventeen regionsregions based on geographical, cultural, and ethnologicalbased on geographical, cultural, and ethnological characteristics. Fourteen of the regions are designated with
characteristics. Fourteen of the regions are designated with numbers corresponding to their geographicnumbers corresponding to their geographic location from north to south. The
location from north to south. The National Capital RegionNational Capital Region,, Cordillera Administrative Region,Cordillera Administrative Region, andand Autonomous Region in Muslim Mindanao
Autonomous Region in Muslim Mindanao do not have number designations.do not have number designations.
Each province is member to the League of Provinces of the Philippines, an organization which aims to Each province is member to the League of Provinces of the Philippines, an organization which aims to address issues affecting provincial
address issues affecting provincial and metropolitan government administrations.and metropolitan government administrations.[1][1]
Government Government
Probinshal government is autonomous of other provinces and the Republic. Each province is governed by Probinshal government is autonomous of other provinces and the Republic. Each province is governed by two main elected branches of
two main elected branches of government: executive and legislative. Judicial affairs are separated fromgovernment: executive and legislative. Judicial affairs are separated from provincial governance, administered by the
provincial governance, administered by the Supreme Court of the Philippines.Supreme Court of the Philippines. National
National
National intrusion into the affairs of each pro
National intrusion into the affairs of each pro vincial government is limited by the constitution. Thevincial government is limited by the constitution. The President of the
President of the PhilippinesPhilippines however coordinates with provincial administrators through thehowever coordinates with provincial administrators through the Department of Department of the Interior and Local Government
the Interior and Local Government. For purposes of national representation, each province is divided into. For purposes of national representation, each province is divided into one or more
one or more congressional districtscongressional districts. Each city or municipality belongs to one of these districts. One. Each city or municipality belongs to one of these districts. One congressional representative represents each district in the
congressional representative represents each district in the House of RepresentativesHouse of Representatives.. SenateSenate representation is elected at an
representation is elected at an at-large basis and not at-large basis and not apportioned by provincial districts.apportioned by provincial districts. Executive
Executive
The provincial governor is chief executive and head of each province. Elected to a term of three The provincial governor is chief executive and head of each province. Elected to a term of three yearsyears and limited to three terms, he or she appoints the directors of each provincial department which include and limited to three terms, he or she appoints the directors of each provincial department which include the office of
the office of administration, engineering office, information office, legal office and treasury administration, engineering office, information office, legal office and treasury office.office. Legislative
Legislative
The vice-governor is asa the president of each Provincial Board, the body that acts as
The vice-governor is asa the president of each Provincial Board, the body that acts as legislature.legislature. TheThe board is composed of members from provincial districts. Such districts, of which there may be eight or board is composed of members from provincial districts. Such districts, of which there may be eight or ten, are apportioned by income class. First and second class provinces have ten board members while ten, are apportioned by income class. First and second class provinces have ten board members while
third and fourth class provinces have eight.
third and fourth class provinces have eight. CebuCebu,, Negros OccidentalNegros Occidental andand PangasinanPangasinan have twelve boardhave twelve board members each.
members each.
Each Provincial Board have designated seats for
Each Provincial Board have designated seats for ex-officio members. Such seats are given to ex-officio members. Such seats are given to the localthe local president of the Association of Barangay Captains, the local president of
president of the Association of Barangay Captains, the local president of the Philippine Councilorsthe Philippine Councilors League, and the local president of the youth council,
League, and the local president of the youth council, Sanggunian KabataanSanggunian Kabataan..
The vice-governor and members of the Provincial Board are elected by the citizens of the province. The vice-governor and members of the Provincial Board are elected by the citizens of the province. Ex-officio members are elected by members of
officio members are elected by members of their respective organizations.their respective organizations.
Geography Dictionary:
Geography Dictionary: federalismfederalism
A two-tier system of government. The higher, central government is
A two-tier system of government. The higher, central government is usually concerned with usually concerned with matters whichmatters which affect the whole nation such as
affect the whole nation such as defence and foreign policy, while a lower, regional authority generallydefence and foreign policy, while a lower, regional authority generally takes responsibility for local concerns such as education, housing, and planning although, of course, the takes responsibility for local concerns such as education, housing, and planning although, of course, the division of responsibilities varies from case to case.
division of responsibilities varies from case to case.
Federations were designed to preserve regional characteristics within a
Federations were designed to preserve regional characteristics within a united nation, or to containunited nation, or to contain nationalist
nationalist elements which were agitating for independence. Thus, the Nigerian elements which were agitating for independence. Thus, the Nigerian federation wasfederation was
substantially amended after the Biafran war of 1967; the number of states was increased from twelve to substantially amended after the Biafran war of 1967; the number of states was increased from twelve to nineteen, and each state
nineteen, and each state was given more power.was given more power. Sponsored Links
Sponsored Links Political Dictionary:
Political Dictionary: federalismfederalism
The term federalism (Latin:
The term federalism (Latin: foedusfoedus, compact, covenant, agreement) is most , compact, covenant, agreement) is most commonly employed tocommonly employed to denote an
denote an organizational principleorganizational principle of a political system, emphasizing both of a political system, emphasizing both vertical power-sharing acrossvertical power-sharing across different levels of governance (centre-region) and, at the
different levels of governance (centre-region) and, at the same time, the integration of different territorialsame time, the integration of different territorial and socio-economic units, cultural and ethnic groups
and socio-economic units, cultural and ethnic groups in one single polity. Federal political systems arein one single polity. Federal political systems are hence often viewed as
hence often viewed as combining ‘unity with diversity’ (as in the motto of combining ‘unity with diversity’ (as in the motto of the United States,the United States, e pluribuse pluribus unum
unum). Y). Yet, federal political systems et, federal political systems come in come in different forms: one central dimension different forms: one central dimension along which differentalong which different types of federal polities can be compared is the autonomy and diversity of the corresponding units. W types of federal polities can be compared is the autonomy and diversity of the corresponding units. W herehere the units of a federal polity are highly autonomous and possess exclusive competences over taxation and the units of a federal polity are highly autonomous and possess exclusive competences over taxation and public policy-making, one can speak of a
public policy-making, one can speak of a confederal polityconfederal polity (or centrifugal federalism). However, a (or centrifugal federalism). However, a politypolity where the integration of different units, the sharing
where the integration of different units, the sharing of competencies, and the equalization of of competencies, and the equalization of livingliving conditions among the different units is emphasized can be considered a decentralized unitary state (or conditions among the different units is emphasized can be considered a decentralized unitary state (or centripetal federalism).
centripetal federalism).
In the early seventeenth century, Johannes Althusius (1557-1638) conceived of a polity as
In the early seventeenth century, Johannes Althusius (1557-1638) conceived of a polity as a federallya federally constructed edifice of multiple layers of ‘consociations’ such as family
constructed edifice of multiple layers of ‘consociations’ such as family and kinship, guilds and estates,and kinship, guilds and estates, cities and provinces—in direct contrast to Jean
cities and provinces—in direct contrast to Jean Bodin'sBodin's conception and defence of the unitaryconception and defence of the unitary monarchical state as
monarchical state as guarantor for order guarantor for order and stability. Tand stability. Taken as aken as a whole, the a whole, the different consociations form adifferent consociations form a system of ‘societal federalism’ in which representation is functional (e.g. professional guilds) as well
system of ‘societal federalism’ in which representation is functional (e.g. professional guilds) as well asas territorial (cities and provinces). However, it was only
territorial (cities and provinces). However, it was only withwith MontesquieuMontesquieu that not only the idea of athat not only the idea of a ‘separation of powers’ but equally that of
‘separation of powers’ but equally that of federalismfederalismas a core principle for the organization of politiesas a core principle for the organization of polities entered the political debates, against the background of absolutist monarchical rule. One of the most lucid entered the political debates, against the background of absolutist monarchical rule. One of the most lucid examples where enlightened political thought met the practical art
examples where enlightened political thought met the practical art of constitution-building was theof constitution-building was the TheThe Federalist Papers
Federalist Papers,, whose impact on political thought and whose impact on political thought and practice echoed during the French practice echoed during the French RevolutionRevolution and the nineteenth century
and the nineteenth century reorganization of European states following Napoleon's fall.reorganization of European states following Napoleon's fall.
The actual creation of federal polities has been either ‘from below’, through the consent of the constituent The actual creation of federal polities has been either ‘from below’, through the consent of the constituent units such as, for
units such as, for example, in the United States and example, in the United States and Switzerland, or ‘from above’, through imposition fromSwitzerland, or ‘from above’, through imposition from the ‘centre’ and/or outside forces, such as
Belgium. The creation of a federal political system in
Belgium. The creation of a federal political system in the United States, following decolonialization and thethe United States, following decolonialization and the creation of independent states, was motivated by the desire of a majority of the constituent states to
creation of independent states, was motivated by the desire of a majority of the constituent states to enhance the security and economic benefits of limiting the sovereignty of individual states by creating an enhance the security and economic benefits of limiting the sovereignty of individual states by creating an ‘extended republic’ with a strong central authority
‘extended republic’ with a strong central authority. Security-induced and economic motives as . Security-induced and economic motives as well as thewell as the appreciation of cantonal autonomy and
appreciation of cantonal autonomy and cultural diversity were behind the creation of cultural diversity were behind the creation of the Swiss federalthe Swiss federal polity in 1848. The creation of
polity in 1848. The creation of a federal polity ‘from above’ in post-war Germany followed ‘outside’a federal polity ‘from above’ in post-war Germany followed ‘outside’ pressure from the Allies to prevent the high
pressure from the Allies to prevent the high degree of centralization experienced under National Socialismdegree of centralization experienced under National Socialism ever being repeated. The ‘Länder’, however, were not generally based upon any ethnic groups, some ever being repeated. The ‘Länder’, however, were not generally based upon any ethnic groups, some were artificial whilst others had existed previously; in Spain, where cultural differences were suppressed were artificial whilst others had existed previously; in Spain, where cultural differences were suppressed under the Franco Regime, the federalization of Spain after 1978 was thus driven by the objective to under the Franco Regime, the federalization of Spain after 1978 was thus driven by the objective to abandon a centralized authoritarian state and
abandon a centralized authoritarian state and to institutionally recognize the social and cultural regionalto institutionally recognize the social and cultural regional differences; in Belgium, the growing rift between Flanders and the
differences; in Belgium, the growing rift between Flanders and the French-speaking WalloniFrench-speaking Wallonian populationan population rendered the maintenance of a
rendered the maintenance of a centralized, unitary form of government impossible and, increasingly, thecentralized, unitary form of government impossible and, increasingly, the Belgian decision-making process became deadlocked by
Belgian decision-making process became deadlocked by divisions along linguistic, rather than ideologicaldivisions along linguistic, rather than ideological lines. A gradual process of federalization with major
lines. A gradual process of federalization with major constitutional revisions occurred throughout theconstitutional revisions occurred throughout the 1970s and 1980s.
1970s and 1980s.
Federalism suggests that everybody can be
Federalism suggests that everybody can be satisfied (or nobody permanently disadvantaged) by satisfied (or nobody permanently disadvantaged) by nicelynicely combining national and regional/territorial interests within a complex web of checks
combining national and regional/territorial interests within a complex web of checks and balancesand balances between a general, or national, or federal government, on the one hand, and
between a general, or national, or federal government, on the one hand, and a multiplicity of regionala multiplicity of regional governments, on the other. This concept purports to describe a
governments, on the other. This concept purports to describe a method of arranging territorialmethod of arranging territorial government, and accommodating differing territorial interests that, at one and the
government, and accommodating differing territorial interests that, at one and the same time, avoids bothsame time, avoids both the perceived overcentralization of unitary systems and
the perceived overcentralization of unitary systems and the extreme decentralization of confederations.the extreme decentralization of confederations. Its principal ambiguities are three. First, in operational terms federal s
Its principal ambiguities are three. First, in operational terms federal s ystems operate in a vaystems operate in a variety of riety of different political contexts and are associated with a
different political contexts and are associated with a variety of significantly different political outcomes. Novariety of significantly different political outcomes. No one distinctively federal pattern of relations between the
one distinctively federal pattern of relations between the national and regional levels of national and regional levels of governmentgovernment emerges. It is not at all clear that regional interests and governments are always better promoted and emerges. It is not at all clear that regional interests and governments are always better promoted and protected in most systems called federal
protected in most systems called federal than they are in than they are in many systems labelled unitary. Secondlymany systems labelled unitary. Secondly,, federal theory is similarly confused. The literature on the
federal theory is similarly confused. The literature on the subject has produced three subject has produced three broad models: dual,broad models: dual, cooperative, and organic federalism. If these are
cooperative, and organic federalism. If these are static, ‘timeless’ modelstatic, ‘timeless’ models—that is, at any s—that is, at any particular pointparticular point in time examples of all three will be present—then the problem is that the differences between them are in time examples of all three will be present—then the problem is that the differences between them are too great to suggest that they apply to the same
too great to suggest that they apply to the same thing. If, howeverthing. If, however, it is argued they are de, it is argued they are developmental invelopmental in character—such that dual federalism existed in the
character—such that dual federalism existed in the nineteenth centurynineteenth century, cooperative federalism in the mid-, cooperative federalism in the mid-twentieth century
twentieth century, and organic federalism in , and organic federalism in the late twentieth century—there seems to the late twentieth century—there seems to be very littlebe very little difference between federal and unitary systems. ‘Federalism’ is a classic example of
difference between federal and unitary systems. ‘Federalism’ is a classic example of concept overstretch.concept overstretch. Thirdly
Thirdly, supporters of the , supporters of the federal ‘idea’ and the notion that federalism is a federal ‘idea’ and the notion that federalism is a distinct principle of governing,distinct principle of governing, are most plausible when they
are most plausible when they confine their analysis to formal constitutional or institutional matters. Whatconfine their analysis to formal constitutional or institutional matters. What they have never been able to do
they have never been able to do is to incorporate other political phenomena, political cultures, partyis to incorporate other political phenomena, political cultures, party systems, the influence of bureaucrats, and
systems, the influence of bureaucrats, and external pressures, into these notions of external pressures, into these notions of the distinctiveness of the distinctiveness of federalism and its commitment to decentralization. These academic ambiguities would not matter so federalism and its commitment to decentralization. These academic ambiguities would not matter so much if federalism was not on so many occasions a symbol of
much if federalism was not on so many occasions a symbol of serious division and conflict. This isserious division and conflict. This is
curious, and dangerous, because federal enthusiasts in the political world often offer this symbol as a way curious, and dangerous, because federal enthusiasts in the political world often offer this symbol as a way of avoiding territorial conflict. In practi
of avoiding territorial conflict. In practice, people have been willing to fight and die to ce, people have been willing to fight and die to support or opposesupport or oppose the principle. This is because federalism usually becomes a
the principle. This is because federalism usually becomes a ‘live’ politi‘live’ political issue in two cal issue in two highly dangeroushighly dangerous circumstances:
circumstances: (1)(1) when a region wishes to secede from an existing federation; or when a region wishes to secede from an existing federation; or (2)(2) when an attempt iswhen an attempt is made to replace a
made to replace a loose confederation, or alliance, with a more loose confederation, or alliance, with a more centralized federation.centralized federation.
— Berthold Rittberger/Jim Bulpitt — Berthold Rittberger/Jim Bulpitt US Government Guide:
US Government Guide: federalismfederalism Federalism
Federalismrefers to the division of refers to the division of governmental powers between the national and governmental powers between the national and state governments.state governments. The Founding Fathers created a federal system to overcome a tough political obstacle. They needed to The Founding Fathers created a federal system to overcome a tough political obstacle. They needed to convince independent states to join
convince independent states to join together to create a together to create a strong central government. Writing to Georgestrong central government. Writing to George Washington before the Constitutional Convention, James Madison considered the dilemma. He said Washington before the Constitutional Convention, James Madison considered the dilemma. He said thatthat
establishing “one simple republic” that would do
establishing “one simple republic” that would do away with the states would away with the states would be “unattainable.” Instead,be “unattainable.” Instead, Madison wrote, “I have sought for a middle ground which may at once
Madison wrote, “I have sought for a middle ground which may at once support a due supremacy of support a due supremacy of national authority
national authority, and , and not exclude [the not exclude [the states].” Federalism was the ansstates].” Federalism was the ans werwer.. Under federalism, both state and national
Under federalism, both state and national governments may directly govern through their governments may directly govern through their own officialsown officials and laws. Both levels of
and laws. Both levels of government derive their legitimacy from the Constitution, which endows eachgovernment derive their legitimacy from the Constitution, which endows each with supreme power over certain areas of government. Both state and federal governments must agree to with supreme power over certain areas of government. Both state and federal governments must agree to changes in the Constitution. Both exercise power separately and directly over the people living under their changes in the Constitution. Both exercise power separately and directly over the people living under their authority
authority, subject to the , subject to the limits specified in the U.S. Constitution, the supreme law limits specified in the U.S. Constitution, the supreme law of the country. Theof the country. The Constitution and acts of the
Constitution and acts of the national government that conform to it national government that conform to it are superior to constitutions, laws, andare superior to constitutions, laws, and actions of state and local governments.
actions of state and local governments.
In the American federal system, the national (federal) government has certain
In the American federal system, the national (federal) government has certain powers that are grantedpowers that are granted only to it by the Constitution. The 50 state governments also have powers that the national government is only to it by the Constitution. The 50 state governments also have powers that the national government is not supposed to exercise.
not supposed to exercise. For example, only the federal goFor example, only the federal go vernment may coin money or vernment may coin money or declare war.declare war. Only the state government may
Only the state government may establish local governments and conduct elections within the establish local governments and conduct elections within the state. Somestate. Some powers are shared by both federal and state governments, such as
powers are shared by both federal and state governments, such as the power to tax and borrow money.the power to tax and borrow money. Some powers are denied to the federal and state governments, such as g
Some powers are denied to the federal and state governments, such as g ranting titles of nobility andranting titles of nobility and passing bills of
passing bills of attainderattainder..
In the American federal system, the powers of the
In the American federal system, the powers of the national government are limited. Howevernational government are limited. However, within its, within its field or range of powers, the national government is supreme. The states can neither ignore nor contradict field or range of powers, the national government is supreme. The states can neither ignore nor contradict federal laws and the Constitution. The core idea
federal laws and the Constitution. The core idea of American federalism is that two levels of governmentof American federalism is that two levels of government (national and state) exercise power separately and directly on the people at the same time. Under (national and state) exercise power separately and directly on the people at the same time. Under
federalism, the state of Indiana has authority over its residents, but so does the federal government based federalism, the state of Indiana has authority over its residents, but so does the federal government based in Washington, D.C. Indiana residents must obey the laws
in Washington, D.C. Indiana residents must obey the laws of their state government and of their state government and their federaltheir federal government.
government.
Federalism is a central principle of the Constitution, but the balance of power between the state and Federalism is a central principle of the Constitution, but the balance of power between the state and national governments was not defined exactly
national governments was not defined exactly at the Constitutional Convention of 1787. Since then,at the Constitutional Convention of 1787. Since then, debates about the rights and powers of states in relation to the federal government have continued. debates about the rights and powers of states in relation to the federal government have continued. In
In The Federalist The Federalist No. 45, James Madison gave his vision of how federalism would work:No. 45, James Madison gave his vision of how federalism would work:
The powers delegated by the Constitution to the federal government are few and defined. Those which The powers delegated by the Constitution to the federal government are few and defined. Those which are to remain in
are to remain in state governments are numerous and state governments are numerous and indefinite. The former will be exercised principallyindefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign
on external objects, as war, peace, negotiation, and foreign commerce. … The powers reserved to commerce. … The powers reserved to thethe several states will extend to all
several states will extend to all objects which, in the ordinary objects which, in the ordinary course of affairs, concern the lives, liberties,course of affairs, concern the lives, liberties, and properties of the
and properties of the people, and the internal order, improvement, and prosperity of the people, and the internal order, improvement, and prosperity of the states.states. Law Encyclopedia:
Law Encyclopedia: FederalismFederalism
This entry contains information applicable to United States law only. This entry contains information applicable to United States law only. The term
The term federalismfederalismis derived from the Latin rootis derived from the Latin root foedus,foedus,which means "formal agreement or cowhich means "formal agreement or co venant."venant." It includes the interrelationships between the states as well as between the states and the federal
It includes the interrelationships between the states as well as between the states and the federal
government. Governance in the United States takes place at various levels and branches of government, government. Governance in the United States takes place at various levels and branches of government, which all take part in
which all take part in the decision-making process. From the U.S. Supreme Court to the decision-making process. From the U.S. Supreme Court to the smallest localthe smallest local government, a distribution of power allows all the
government, a distribution of power allows all the entities of the system to entities of the system to work separately while stillwork separately while still working together as a nation.
working together as a nation. Supreme Court justice Hugo L. Black wrote Supreme Court justice Hugo L. Black wrote that federalism meantthat federalism meant a proper respect for state functions, a recognition of the fact that the entire country is made u
a proper respect for state functions, a recognition of the fact that the entire country is made u p of a Unionp of a Union of separate State governments, and a
of separate State governments, and a continuance of the belief that continuance of the belief that the National Government will farethe National Government will fare best if the States and
best if the States and their institutions are left free to perform their their institutions are left free to perform their separate functions in their separateseparate functions in their separate ways. (
ways. (Younger v. Harris,Younger v. Harris, 401 U.S. 37, 91 S. Ct. 746, 27 L. Ed. 2d 401 U.S. 37, 91 S. Ct. 746, 27 L. Ed. 2d 669 [1971])669 [1971]) The Constitution lists the legislative powers of the federal
The Constitution lists the legislative powers of the federal government. Thegovernment. The TTenth Amendmenth Amendmentent protectsprotects the residual powers of the states: "The powers not delegated to the United States by the Constitution, nor the residual powers of the states: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the
