Speaking of federalism, I was reminded again yesterday that this term isn’t well understood, especially by foreigners. So here’s a little federalism tutorial for the masses:
In what has become known as The Federalist Papers, James Madison (1751-1836), Alexander Hamilton (1755-1804) and John Jay (1745-1829) argued vigorously for the suggested model of interlocking federal arrangements (Federalist 10, 45, 51, 62)..Splitting sovereignty between sub-unit and center would also protect individuals’ rights against abuse by authorities at either level, or so believed Hamilton, quoting Montesquieu at length to this effect (Federalist 9).
Noting the problems of allocating powers correctly, Madison supported placing some authority with sub-units since they would be best fit to address “local circumstances and lesser interests” otherwise neglected by the center (Federalist 37).Madison and Hamilton urged centralized powers of defense and interstate commerce (Federalist 11, 23), and argued for the need to solve coordination and assurance problems of partial compliance, through two new means: Centralized enforcement and direct applicability of central decisions to individuals(Federalist 16, also noted by Tocqueville 1945). They were wary of granting sub-units veto power typical of confederal arrangements, since that would render the center weak and cause “tedious delays; continual negotiation and intrigue; contemptible compromises of the public good.” (Madison and Hamilton, Federalist 22; and cf. 20).
They were particularly concerned to address worries of undue centralization, arguing that such worries should be addressed not by constraining the extent of power in the relevant fields, such as defense, but instead by the composition of the central authority (Federalist 31). They also claimed that the people would maintain stronger “affection, esteem, and reverence” towards the sub-unit government owing to its public visibility in the day-to-day administration of criminal and civil justice (Federalist 17).
The confusion seems to arise over the different ways that various federalists have chosen to divide power between the states and the center, but there should be no mistaking the fact that federalism’s core tenet is the division of power between units of government, with most of it devolving close to the citizen.