Model Answer – How and why is federalism enshrined in the constitution? (15)

Some of you will still be learning or teaching the older Edexcel specification this year, teaching American Politics. Even though this is the last year of the specification, it is important for students to fully understand the expectations of examiners for the 15 mark questions. This could also be used as an exemplar of good essay writing etiquette for the new examination specifications.

My class recently completed this question, and it was poorly answered across the board, partly because of the two elements in the question (“why” and “how”) and partly because federalism is a complex concept for students to master.

I therefore took the highest scoring essay from the class and made some improvements so that it would achieve full marks.

There are several things that distinguish this as a high quality answer:

a) the clarity of written expression – all explanations are clear, logical and are fully developed
b) examples – these are accurate and include precise detail, but are also exemplifying the point made (beware of misusing examples!)
c) focus on two elements of the question – both the “how” and “why” parts of the question have been addressed throughout the essay – with each paragraph exploring both – the “why” element of the question should not be ‘stuck on’ the end as a little conclusion or a single sentence in the introduction, it should form a natural part of your discussion and analysis of federalism throughout the answer

MODEL ANSWER – How and why is federalism enshrined in the constitution (15).

Federalism refers to the separation of structure of government, into federal and state governments, and the constitution delegates specific powers to each level. Although not explicitly mentioned, federalism is apparent in the constitution multiple times, such as in the tenth Amendment, which says that any powers not specifically referenced in the constitution are “reserved for the states”. Consequently, this enshrines federalism as it gives multiple powers to the states, thus showing that there is a clear separation between the different government levels, as they have powers unique to them. The tenth amendment specifically enshrines this concept in order to prevent tyranny of a national government, consequently enhancing independence of the states. Thus, this allows the states to issue their own policy on issues such as the death penalty, and gun laws depending on the specific desires and needs of the state. An example of this is that in the state of Texas it is legal to possess a rifle due to the historic traditions of hunting in southern states. However, possession of a long gun such as a rifle is illegal in the state of Washington. This state-by-state variation demonstrates federalism as it shows the independent power of the states, however the Constitution provides the right to bear arms across America, thus showing the relationship between federal and state legislation.

Another way in which federalism is enshrined in the constitution is through the equal representation of each state in the Senate. Each state has equal representation in this branch of congress, regardless of population size within that state. This means that all states have an equal involvement within one chamber of the national government’s legislature, consequently showing the relationship between the state and federal governments. For example, California is the most heavily populated state with a population of 38.3m people, contrasting with Wyoming which has a population of just over 580,000. Despite this difference, both states are permitted two senators each, thus showing the equal representation of the states in the Senate, as part of the Federal legislature. This was an important compromise by the Founding Fathers between the New Jersey Plan (which argued for a unicameral legislature where states would be represented equally, so all states had the same power – reflected in the make up of the Senate today) and the Virginia Plan (which argued for a bicameral legislature where the House of Representatives was elected by the people and the Senate was elected by the state legislatures in which both were represented proportional to their respective populations – reflected in the makeup of the House of Representatives today). This compromise of the nature of representation in the Senate ensured that states would have a clear input as a state, rather than as smaller communities represented in the House of Representatives, ensuring that the legislation of the federal government has taken account of the needs and desires of all of the states equally.

Federalism is also enshrined in the constitution as it states that the constitution can only be amended with the consent of ¾ of the state’s legislatures. Consequently, due to the rigid nature of the codified American constitution, it is hard to change or amend, and at least 75% of states must agree to an amendment for it to be legitimate. For example, the most recent constitutional amendment, Amendment 27, was ratified in 1992, regarding the salary of members of congress. By 1992, it was agreed to by all but four states, however the ratification period of this piece of legislation was over 202 years. Consequently, this shows the significance of the state’s consent on an amendment, as it could not pass until three-quarters of states had approved. This shows the importance of federalism as it gives the state the right to block any constitutional amendments it does not agree with, in order to avoid tyranny of a national government.

Another way in which federalism is enshrined in the constitution is through the electoral college voting system for the president. In this system, US citizens vote every four years in their states for electors who have pledged to vote for a particular party’s candidate. This ensures that smaller states are still represented proportionally, as their citizens vote for electors who will vote on their behalf for the president and vice president, in the executive for the federal government. Consequently this means that no state can dominate the election, as stated in the Twelfth Amendment which states each elector can cast a single vote for the president and one for the vice president. This shows how the Electoral College ensures that the president is chosen by a constitutional majority. Presidential candidates will be moderated by the need to accommodate a variety of interests and viewpoints, and any candidates who focus too narrowly on a handful of states, regions, or metropolitan population centres will not be successful in the Electoral College. This forces presidential candidates to take account of  the United States as a whole, because all states have EC votes, but also balances this with apportioning EC votes based on population. The Electoral College preserves federalism, moderates ideological differences and promotes national consensus in the choice of a chief executive.