Federalism

Federalism is a system of government in which a written constitution divides power between a central government and regional or sub-divisional governments. Both types of government act directly upon the people through their officials and laws.

Federalism can be seen a compromise between the extreme concentration of power and a loose confederation of independent states for governing a variety of people usually in a large expanse of territory. Federalism has the virtue of retaining local pride, traditions and power, while allowing a central government that can handle common problems.

The Constitution set up a division of power between the federal and state governments which initially limited the federal unit to the fields of defence, foreign affairs, the control of the currency and the control of commerce between the states.

If a state’s laws offend against the Constitution, the Supreme Court can declare them unconstitutional. If these laws conflict with valid federal laws then the Supreme Court can take the same course of action. If the Supreme Court decides that a law passed by Congress violates the rights of states, then that law can also be declared unconstitutional in America.

Federalism

Federalism in USA
 Federalism in the 1790s

Federalism was the most influential political movement arising out of discontent with the Articles of Confederation, which focused on limiting the authority of the federal government. For example, the Articles which allowed the Continental Congress the power to sign treaties or declare war, was basically powerless to do so because all major decisions required a unanimous vote.^[2]
The movement was greatly strengthened by the reaction to Shays' Rebellion of 1786–1787, which was an armed uprising of yeoman farmers in western Massachusetts. The rebellion was fueled by a poor economy that was created, in part, by the inability of the federal government to deal effectively with the debt from the American Revolution. Moreover, the federal government had proven incapable of raising an army to quell the rebellion, so that Massachusetts had been forced to raise its own.
In 1787, fifty-five delegates met at a Constitutional convention in Philadelphia and generated ideas of a bicameral legislature (United States Congress), balanced representation of small and large states (Great Compromise), and checks and balances. James Madison stated in a long pre-convention memorandum to delegates that because "one could hardly expect the state legislatures to take enlightened views on national affairs", stronger central government was necessary.^[3] This convention almost immediately dropped its original mandate and instead set about constructing a new Constitution of the United States. Once the convention concluded and released the Constitution for public consumption, the Federalist movement became focused on getting the Constitution ratified.The most forceful defense of the new Constitution was The Federalist Papers, a compilation of 85 anonymous essays published in New York City to convince the people of the state to vote for ratification. These articles, written by Alexander Hamilton and James Madison, with some contributed by John Jay, examined the benefits of the new, proposed Constitution, and analyzed the political theory and function behind the various articles of the Constitution. The Federalist Papers remains one of the most important documents in American political science.
Those opposed to the new Constitution became known as the "Anti-Federalists". They generally were local rather than cosmopolitan in perspective, oriented to plantations and farms rather than commerce or finance, and wanted strong state governments and a weak national government. The Anti-Federalist critique soon centered on the absence of a Bill of Rights, which Federalists promised to provide.

Federalism

Federalism is a political concept in which a group of members are bound togathered by representative head of government and to guarantee the national integrality and people’s sovereignty of the government at each level shall be guaranteed in the constitution. All the responsibilities, expect the issue of security, monetary policy, foreign relation, shall be vested with the lower levels of government. Such authorities shall be guaranteed in the constitution and should not depend on the national government.

In Europe, federalism is sometimes used to describe those who favor a common federal government, with distributed power at regional, national and supranational level. Most European Federalists want this development to continue within the European Union.

The federalism of South Africa has been styled in the cooperative model that is capable of addressing post-conflict situations. The constitution explicitly mentions that a state shall assist and respect other states. Cooperative federalism consists of mechanisms that try to prevent disputes. But in inevitable cases, disputes are resolved immediately. The provincial National Council, the South African Local Government Association created in this manner.

In India, the Supreme Court has jurisdiction to resolve inter-state disputes concerning issues relating to the constitution and federal structure. The Supreme Court is the final authority to resolve federal disputes. Disputes involving contract/agreements, natural resources and the legislative authority of the federalism and states to promulgate laws under the seventh amendment of the constitution have come before the Supreme Court for its decisions.

Federalism is a system in which the power to govern is shared between national and provincial governments. A federation will have several, or many geographical areas that are smaller than the whole country, each of which has its own elected government. That government will have certain powers and certain resources. These should be guaranteed in the constitution. There is still a national government and the interests of the lower level governments should be represented in the national government.

If we adopt federalism, that needs to make many policies instead of a single policy on issues which often leads to constitution. By the overlapping of the boundaries among national and state governments make it trick to assign blame for failed policies. The federal system helps to eradicate the environmental degradation.

Federalism maintains that connection by giving power to the states. By removing the national government from some contentious issue areas. Federal system expand government on national, state and local levels, giving people more access to leaders and opportunities to get involved in their government. With such a diverse population, it is much easier to do if power is given to local officials. Likewise, state and local officials are closer to the problems of their areas, so it makes sense for them to choose policies to solve those problems.

Nepal is also in process of federalism. The Constituent Assembly (CA) in its very first meeting held on May, 2008 formally declared Nepal a Federal Democratic Republic. In conformity this declaration, the Interim Constitution was duly amended and elections have been held for the positions of the president and vice-president. However, the federal state structures have yet to be formed. Unlike declaring the country a republic, the federal state structure cannot be formed by mere agitation and declaration.

Federalism is a new exercise for Nepal. Until a few years ago, federalism was an academic subject for students of political science and constitutional system, which has emerged as a political reality of the Nepali state. As a result, there is a paucity of studies and have brought federalism at the forefront of the issue of state restructuring.

Federalism ensures that government remains close to the people because the state government argues that they are more in tune with the daily needs and aspirations of people especially relevant to small and isolated places. It encourages development of the nation in a decentralized and regional manner and allows for unique and innovative methods for social, economic and political problems.