Introduction

Every state is politically organized. Government is the institution through which society

makes and enforces its public policies. This includes the power to use force if necessary to

compel people to accept its rule. A government is the system by which a state or community

is controlled. In the Commonwealth of Nations, the word government is also used more

narrowly to refer to the collective group of people that exercises executive authority in a

state. In the case of its broad associative definition, government normally consists of

legislators, administrators, and arbitrators . Government is the means by which state policy is

enforced, as well as the mechanism for determining the policy of the state. A form of

government, or form of state governance, refers to the set of political systems and institutions

that make up the organization of a specific government.1

Federal Government

A Federal Government is a dual government. The word ‘federal is derived from the Latin

word ‘Foedus’ which means ‘treaty or agreement’. It has been defined as follow:-

According to A.V. Dicey, “A Federal State is a political contrivance intended to reconcile

national unity with the maintenance of State rights.”2

A federal government is a system of dividing up power between a central national

government and local state governments that are connected to one another by the national

government. Some areas of public life are under the control of the national government, and

some areas are under control of the local governments. For this reason, cop films like to

create drama by making the federal government and local government bump heads over who

should be investigating the crime at hand. Federal government systems usually have a

constitution that specifies what areas of public life the national government will take control

over and what areas of public life the state governments will take control over.3

Federalism is a political concept in which a group of members are bound together by

covenant with a governing representative head. The term "federalism" is also used to describe

1 https://en.wikipedia.org/wiki/Government2 POLITICAL SCIEMCE FOR LAW STUDENTS: S.R. Myneni (ALAHABAD LAW AGENCY) Third Edition, Reprint,

2010, pg 327.3 http://study.com/academy/lesson/what-is-a-federal-government-definition-powers-benefits.html

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a system of government in which sovereignty is constitutionally divided between a central

governing authority and constituent political units (such as states or provinces). Federalism is

a system based upon democratic rules and institutions in which the power to govern is shared

between national and provincial/state governments, creating what is often called a federation.

Proponents are often called federalists4.

A federacy is a form of government with features of both a federation and unitary state. In a

federacy, at least one of the constituent parts of the state is autonomous, while the other

constituent parts are either not autonomous or comparatively less autonomous.

Name of the countries having Federal Government system : -

India

USA

Modern Russia

France

Germany

South Africa

Switzerland

Brazil

Australia

Mexico

American Federal System

The government of the United States of America is the federal government of the public of

fifty states that constitute the United States, as well as one capital district, and several other

territories. The federal government is composed of three distinct branches: Legislative,

executive and judicial, whose powers are vested by the U.S. Constitution in the Congress,

The President, and the federal courts, including the Supreme Court, respectively. The powers

and duties of these branches are further defined by acts of Congress, including the creation of

executive departments and courts inferior to the Supreme Court.

The full name of their public is “United States of America”. No other name appears in the

Constitution, and this is the name that appears on money, in treaties, and in legal cases to

4 https://en.wikipedia.org/wiki/Government

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which it is a party (e.g., Charles T. Schenck v. United States). The terms “Government of the

United States of America” or “United States Government” are often used in o cialffi

documents to represent the federal government as distinct from the states collectively. In

casual conversation or writing, the term “Federal Government” is often used, and the term

“National Government” is sometimes used. The terms “Federal” and “National” in

government agency or program names generally indicate a liation with the federalffi

government (e.g., Federal Bureau of Investigation, National Oceanic and Atmospheric

Administration, etc.) Because the seat of government is in Washington, D.C. “Washington” is

commonly used as a metonym for the federal government.5

History

The outline of the government of the United States is laid out in the Constitution. The

government was formed in 1789, making the United States one of the world's first, if not the

first, modern national constitutional republics.

The United States government is based on the principle of federalism, in which power is

shared between the federal government and state governments. The details of American

federalism, including what powers the federal government should have and how those powers

can be exercised, have been debated ever since the adoption of the Constitution. Some make

the case for expansive federal powers while others argue for a more limited role for the

central government in relation to individuals, the states or other recognized entities.

Since the American Civil War, the powers of the federal government have generally

expanded greatly, although there have been periods since that time of legislative branch

dominance (e.g., the decades immediately following the Civil War) or when states' rights

proponents have succeeded in limiting federal power through legislative action, executive

prerogative or by constitutional interpretation by the courts.

One of the theoretical pillars of the United States Constitution is the idea of "checks and

balances" among the powers and responsibilities of the three branches of American

government: the executive, the legislative and the judiciary. For example, while the

legislative (Congress) has the power to create law, the executive (President) can veto any

legislation—an act which, in turn, can be overridden by Congress. The President nominates

5 https://en.wikipedia.org/wiki/Federal_government_of_the_United_States

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judges to the nation's highest judiciary authority (Supreme Court), but those nominees must

be approved by Congress. The Supreme Court, in its turn, has the power to invalidate as

"unconstitutional" any law passed by the Congress.6

Features of American Federal System

Following are the main feature of American Federal System7:-

1. Written Constitution :- Written constitution is necessary for federal system and the

constitution of United States of America is the first written constitution of the world. It

has 7 Articles and till now, it has undergone 27 amendments.

2. Rigid Constitution:- The constitution of federal state is rigid and the constitution of

United States of America is the most rigid constitution of the world. According to

Article-V of the constitution, any amendment in the constitution requires approval of the

2/3 majority of both the houses of Congress and ratification by 3/4 state legislatures.

3. Supremacy of the Constitution:- In America, constitution has been made the

highest law of the land. In Article-VI of the constitution, it has been clearly accepted that

the constitution is the supreme law of the country and the action of the federal

government and the State which is incompatible with the constitution will be illegal. All

the organs of the government are bound to exercise their powers in accordance with the

constitution.

4. Dual Polity:- In Federal system, there is dual polity consisting of Union Government

and the State Governments. The Union government manages the subjects of national

importance whereas the State governments manage the subjects of local importance.

There is dual polity in the United States of America.

5. Distribution of Subjects :- Under Section 8, 9 and 10 of Article-I of the constitution,

subjects have been distributed between centre and the states which is briefly described as

below:-

Subjects under the control of the Union Government - According to Section 8

of Article-I, 18 subjects of national importance like defence of the country, control

over currency and money, raising and repayment of loans on the guarantee of

6 https://en.wikipedia.org/wiki/Federal_government_of_the_United_States7 COMPARATIVE POLITICAL SYSTEMS AND INTERNATIONAL POLTICS: J. S. Badyal (RAJ PUBLISHERS (REGD.)),

Edition 2013, pg 244-245.

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Federal Government, regulation of foreign trade and inter-state trade, management

of post and telegraph and telephone, establishment of rail-roads, declaration of

war, administration of forces and fixation of standards of measurement are within

the control of the federal government and the federal government makes laws

about these subjects.

Powers not given to the Federal Government: - In Section -9 of Article-I of the

constitution, some subjects are included on which the Federal Government cannot

make any law. Therefore, these subjects are check on the power of the Federal

Government.

Powers not given to States: - In Section -10 of Article-I of the Constitution, some

subjects are included on which the State Governments cannot make any law. In

other words, these subjects come under the jurisdiction of the Congress.

Residuary Powers with the States:- By the 10th amendment to the Constitution,

it has been provided that, “The powers not delegated to the United States by the

Constitution not prohibited by it to the States respectively or to the people.” Thus,

in America, the residuary powers have been given to the States.

6. Independent Judiciary:- An independent and supreme judiciary is necessary in

Federal Government for

i. Safeguarding the Constitution,

ii. Interpreting the Constitution and

iii. Solving disputes between Centre and States and between States.

American Judiciary is supreme and independent. Judiciary enjoys the powers of Judicial

Review by which it can declare ultra-vires, the laws passed by the Congress and the

executive orders issued by the President if they violate the Constitution. Thus, The

American Supreme Court is the protector and final interpreter of the Constitution.

7. Bi-cameral Legislature :-Bi-cameral Legislature is considered to be the distinctive

characteristic of Federal system and American Congress has two houses- Senate and the

House of Representatives. Senate, which is also called Upper House represents the States

and the House of Representatives, which is also called the Lower House, represents

common people.

8. Double Citizenship: - Double citizenship is a characteristic feature of Federal system

and in United States of America, citizens have got double citizenship. First the citizen

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gets the citizenship of the States in which he resides and the second citizenship he gets is

that of the country as a whole.

9. Separate Constitutions for the States: - Besides a Federal Constitution in

America, every state has its own separate constitution. However, the constitution of the

States should be in accordance with the Federal constitution and the constitution of the

States should be Republican.

Place of States in American Federal System

Before the formation of American federation, the States which were to join it were sovereign.

However, after joining the federation, their position is as below8:-

States cannot secede the Federation:- The 50 constituent States of American

Federation can’t secede. While delivering a judgement in Texas v/s White case, in

1689, the Supreme Court stated, “It is indestructible union composed of indestructible

states.”

States are not Sovereign: - The states constituting the federation are not

sovereign because,

The constitutions of the states must be in accordance with the federal constitution,

States cannot enter into any agreement with other countries,

States cannot enter into any agreement among themselves without the approval of

Congress and

There are certain limitations on the power of the states to tax imports and exports.

All States are Equal:- All the States constituting the American federation are

equal and they are not discriminated on the basis of size, population and economic

resources. Every state, big or small, has got equal representation in the Senate and the

state cannot be deprived of this right against their will.

State have separate Constitution: - In U.S.A., besides a federal constitution,

every state has a separate constitution of its own which includes the organisation of

state government and its working. All the States run their administration according to

the provisions made in their Constitution and federal government does not interfere in

8 COMPARATIVE POLITICAL SYSTEMS AND INTERNATIONAL POLTICS: J. S. Badyal (RAJ PUBLISHERS (REGD.)), Edition 2013, pg 246

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their administration. But the constitution has to be in consonance with the federal

constitution.

Federal Obligations Towards The States

Federal Government has following obligations towards the States9:-

Respect for the Territorial integrity of the States:- Federal Government is

bound to respect the territorial integrity of the States. No part of any State can be

taken away without the consent of that States and this has been provided in the

Section-1 of Article-I.

Guarantee of Republican Government in the State:- It has been provided

in Section-4 of Article-IV that, “The States shall guarantee to every states in the

Union a Republican form of Government.”

Protection against foreign invasion and domestic violence:- It is the

responsibility of the Federal Government to protect states against external invasions

and internal disturbance. However, in case of internal disturbance, the federal

government would take necessary action to help the States only on request of the

Governor or the legislature of the State concerned. However, if the internal

disturbance leads to violation of national laws or the loss to the national property, then

the President can intervene even without the request of the State Government. In

1911, President Roosevelt sent the forces even without the request of state

government to end the strike in aeronautic factory in California State. In 1961,

President Kennedy, sent the Central Police in states to implement decision of the

Supreme Court against the racial discrimination despite the opposition of the state

governments. In May, 1992, President George Bush sent federal army to control racial

violence which erupted in various cities of U.S.

Obligations of The States Towards The Union

It is the duty of the states to hold elections for federal offices, to take part in the process

of the amendment of the constitution and to arrange elections of the members of the

9 COMPARATIVE POLITICAL SYSTEMS AND INTERNATIONAL POLTICS: J. S. Badyal (RAJ PUBLISHERS (REGD.)), Edition 2013, pg 246

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Senate and the House of Representatives etc. Besides, each state must have full faith and

show credit to the acts of another state10.

Merits of Federal Government

Followings are the merits of Federal Government11:-

1. A Federation prevents rise of single despotism.

2. Federation protects the political liberty of the citizens.

3. Federation allows experiments in local legislation and administration that might not

suit the entire country.

4. In federal State, the growth of bureaucratic authority is under check. Administrative

efficiency increases.

5. Federation is necessary for big democratic countries in the present age.

6. Division of powers between the Central Government and the provincial government

relieves the Central Government of many burdensome functions.

7. Federal Government safeguards the interests of weak States.

8. In Federal States unity in diversity can be achieved.

9. Federal State provides wider opportunities for higher maintenance of democratic

values.

10. Federal State provides for the pooling of all the resources and achieves rapid

economic development.

11. Federal States provides wider opportunities for higher maintenance of democratic

values.

12. Federal States can achieve some political domination in the international arena. This

gives the nation a great international recognition.

13. The basic philosophy underlying the federation is co-operation and union. It serves as

a model for the States to come together to form a world federation in their effort to

have co-operation for peaceful living.

Demerits of Federal Government

10 COMPARATIVE POLITICAL SYSTEMS AND INTERNATIONAL POLTICS: J. S. Badyal (RAJ PUBLISHERS (REGD.)), Edition 2013, pg 246.11 POLITICAL SCIEMCE FOR LAW STUDENTS: S.R. Myneni (ALAHABAD LAW AGENCY) Third Edition, Reprint, 2010, pg 331.

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Federal system has some demerits too. The demerits of federal government are as follow12:-

1. Federal Government is weak in internal and external affairs.

2. In Federation, Centre and State Governments blame each other when anything goes

wrong as the distribution of powers leads to division of responsibility,

3. In Federation, conflicts are bound arise between Centre and State while the States

follow diverse policies with a view to promote their local interests, the Central

Government adopts policies which are in national interests.

4. Federal Government is more expensive because it demands two set systems of

governments.

5. Under Federal system, unnecessary delay is caused in solving problems, since both

the Centre as well as the Units have to be consulted.

6. Federal Government is not able to change according to the requirements of the time

due to the presence of written and rigid Constitution.

7. Due to the division of legislative powers there is always the possibility of variety of

laws on same matter.

8. Federation suffers from disunity in war time. In the event of war the Federal state is at

disadvantage because of the multiplicity of powers.

9. There is the danger of secession. The States may try to break away from the Union.

10. Generally, Federal system provides for the enhanced powers to the Central

Government, the States Governments have to depend upon it for everything.

Tendency of Centralization in US Federal System

During the formation of Federal system in 1787, states in America were given more

power and Hamilton has said that, “State government would dominate the authority of the

centre.” However, today the situation is quite opposite and in America, the powers of the

Centre are constantly increasing, for which the following factors are responsible13:

1. Physical, Economic and Social change

2. Civil war, 1861-1865

3. Constitutional amendments12 POLITICAL SCIEMCE FOR LAW STUDENTS: S.R. Myneni (ALAHABAD LAW AGENCY) Third Edition, Reprint, 2010, pg 331-332.13 COMPARATIVE POLITICAL SYSTEMS AND INTERNATIONAL POLTICS: J. S. Badyal (RAJ PUBLISHERS (REGD.)),

Edition 2013, pg 247-248.

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4. Laws passed by the Congress from time to time

5. Judicial decisions and the Doctrine of implied powers

6. Federal Grant-in-Aid

7. Swift means of Transport and Communication

8. For better and balanced economic progress

9. Impact of world situation

10. Universal Tendency towards Centre

Doctrine of implied powers:- The doctrine of implied powers has

assumed a very great constitutional importance ever since it was propounded by the Supreme

Court of the United States. The Constitution only enumerates the powers assigned to the

Central Government, leaving the rest to the State governments. But the concluding part of

Article-VIII, enumerating these powers, authorises Congress “To make all laws which shall

be necessary and proper for carrying into execution the foregoing powers and a;; other

powers vested by this Constitution in the Government of the United States, or in any

Department or office thereof.”14

Supreme Court has given the Doctrine of Implied Powers while interpreting the word

‘Necessary and Proper’ enjoined in Article-I, Section-8 and according to Ogg, “The

cardinal factors for the increase of federal powers has been the discovery and use of

doctrine of implied powers.” While interpreting the words ‘Necessary and Proper’,

Supreme Court has always increased the powers of the federal government.15

Chief Justice Marshall came to the conclusion that this provision authorised the Congress to

make laws on subjects, though not specifically assigned, yet implied or latent in some other

specified powers. This doctrine implied Powers “is imperceptibly pervading the decision of

Supreme Courts in almost all federations thus filling up a gap in the specification of powers”

and thereby strengthening the Central Government where it has been assigned certain

specified powers. Referring to Article-VIII of the American Constitution, Charles Beard

remarks that it has really proved a Pandora’s box of wonders.

Future of Federalism in United States

14 PRINCIPLES OF POLITICAL SCIENCE: A.C. Kapur (S. CHAND & COMPANY LTD.), Edition 2012, pg 393.15 COMPARATIVE POLITICAL SYSTEMS AND INTERNATIONAL POLTICS: J. S. Badyal (RAJ PUBLISHERS (REGD.)),

Edition 2013, pg 248

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The increasing tendency of centralization in America for the last few years has created doubts

in the minds of people about Federal nature. Some scholars have even gone to the extent of

saying that there is nothing like federal system in America today, the State Governments have

become just ‘Municipalities’.

There is no doubt that due to some factors there is vast increase in the powers of the Federal

Government in America. However, this does not mean that Federal system has ceased to exist

in America. Even today, the States are playing an important role in American political

system. America is a big country where many forms of physical, racial and economic

discriminations are found and in such a situation, only the federal system can be successful

and the following factors testify the existence of federal system in America16:-

1. Separate Existence of State Government

2. For Federal Government, the respect of the territorial integrity of the States is Must.

3. Equality of the States

4. Approval of the States over Constitutional Amendments

5. Residuary powers with the States

The former American President Ronald Reagen gave certain suggestions to give a new

direction to Federal system in America, which is also called ‘New Federalism’. He is of the

view that as far as possible, the responsibility of the domestic affairs should be taken by the

state governments. The responsibility of implementing education and public welfare schemes

should also be assigned to the states. The expenditure on these programmes would be borne

by the Centre; however, the responsibility of giving practical shape to them should be that of

the states. Former President Reagen had given his commitment to complete this scheme by

1992.

These facts are indicators of this reality that Federal system has not ceased to exist in

America, rather it has turned from ‘Competitive Federalism’ to ‘Co-operative federalism’.

States and the Federal Government together contribute in the national development and this

situation prevails in America today.

Conclusion

16 COMPARATIVE POLITICAL SYSTEMS AND INTERNATIONAL POLTICS: J. S. Badyal (RAJ PUBLISHERS (REGD.)), Edition 2013, pg 249-250

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Every state is politically organized. State may be organized in various forms. Federal system

is one of these forms. A federal government is a system of dividing up power between a

central national government and local state governments that are connected to one another by

the national government. There are various countries in the world having federal government

system. America is one of the countries having federal form of government. The outline of

the government of the United States is laid out in the Constitution. The government was

formed in 1789, making the United States one of the world's first, if not the first, modern

national constitutional republics The federal government is composed of three distinct

branches: Legislative, executive and judicial, whose powers are vested by the U.S.

Constitution in the Congress, The President, and the federal courts, including the Supreme

Court, respectively. The powers and duties of these branches are further defined by acts of

Congress, including the creation of executive departments and courts inferior to the Supreme

Court. American Constitution has all the federal features. It has written and rigid constitution,

dual citizenship, separate constitution foe states, independent judiciary etc. There are various

advantages of federal system of government and also have certain disadvantages. The States

have certain duties towards Federal Government and the federal Government too has certain

duties towards States. No doubt the powers of the Centre are increasing but the federal

system does not cease to exist. The former American President Ronald Reagen gave

suggestions of new directions to federal system, also called ‘New Federalism’. Now the

federal system has changed from ‘Competitive Federalism’ to ‘Co-operative federalism’.

States and the Federal Government together contribute in the national development and this

situation prevails in America today.

Bibliography

1. POLITICAL SCIEMCE FOR LAW STUDENTS: Myneni S.R. (ALAHABAD LAW

AGENCY) Third Edition, Reprint, 2010

2. COMPARATIVE POLITICAL SYSTEMS AND INTERNATIONAL POLTICS:

Badyal J.S. (RAJ PUBLISHERS (REGD.)), Edition 2013

3. PRINCIPLES OF POLITICAL SCIENCE: Kapur A.C. (S. CHAND & COMPANY

LTD.), Edition 2012,

12

4. https://en.wikipedia.org/wiki/Government

5. http://study.com/academy/lesson/what-is-a-federal-government-definition-powers-

benefits.html

6. https://en.wikipedia.org/wiki/Federal_government_of_the_United_States.

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