Federalism definition: one country, two layers of government

Federalism definition in practice: the key features

The federalism meaning becomes clearer once you see the parts most federal systems share:

1. Two or more levels of government, each elected and each making laws.
2. A written constitution that lists which level controls which subjects.
3. Protection for both levels. Neither can simply abolish the other.
4. A court or similar body that settles disputes about who has authority.
5. Some shared money arrangements, such as taxes collected at one level and partly passed to another.

Local governments, such as city councils, often form a third tier, but the core federal bargain is between the nation and its states or provinces.

Federalism in the United States

The US Constitution, drafted in 1787, gave the national government specific listed powers, such as coining money, declaring war and regulating trade between states. The Tenth Amendment, ratified in 1791, says that powers not given to the national government, nor denied to the states, are reserved to the states or to the people. Before that, the earlier Articles of Confederation had left the central government weak, and many saw that as a problem.

Because of this split, rules on things like driving age, sales tax and many criminal laws differ from state to state. American textbooks often describe dual federalism, where each level keeps to its own lane, and cooperative federalism, where the levels share programmes and funding.

Federalism in India

Article 1 of the Indian Constitution describes India as a Union of States. The Seventh Schedule divides law making into three lists: the Union List (subjects only Parliament can legislate on, such as defence and foreign affairs), the State List (subjects for state legislatures, such as police and public health) and the Concurrent List (subjects both may legislate on, such as education and marriage, with central law usually prevailing in a conflict). Because the centre holds strong powers, including over the creation of new states, scholars often call India's model quasi-federal or federal with a unitary tilt. The phrase cooperative federalism is widely used in Indian public debate too.

Types of federalism compared

A unitary country can still have regional councils, but their powers come from the centre and can be changed by it.

Why people argue about it

Much of the argument over the meaning of federalism today is about balance, not about whether it should exist. Supporters of stronger regional power say local governments understand local needs, let different policies be tried side by side, and keep power closer to voters, which ties to ideas of autonomy. Supporters of a stronger centre say national rules prevent large gaps between regions, avoid confusing patchworks of law, and help in emergencies. Many disputes turn on specific questions such as who pays for health care or who sets school standards, and courts often decide the edges.

Federalism in a few sentences

• Our civics teacher used the electricity board and the national railway to explain federalism.
• The dispute over river water is a classic test of federalism between neighbouring states.
• Federalism means a farmer may follow national food safety law and state land rules at once.
• The new budget reopened arguments about fiscal federalism and the share of taxes sent to states.

Where the word comes from

Federal came into English from French, built on Latin foedus, a covenant, treaty or league between parties. A federation is literally a league bound by agreement, and federalism is the principle behind it. The related word sovereignty often appears beside it, since federal systems split some sovereign powers between levels. See also constitution, republic and the civics and law section of this site.