What the F*@# is Federalism!? Into

What the F*@# is Federalism!?

INTRODUCTION

My fiancée, after graduating Law School and doing pretty well in American Legal History, went back to meet with our professor. Her primary question was: What the F*@# is Federalism?

This question has been elusive since the founding, and the truth is that Federalism means is many different things and continues to evolve with time.

The best place to start is with the Founding Fathers. First, it is important to distinguish between the Framers and the Founders. The Framers “framed” our Constitution. The Founders “founded” the United States of America. Thomas Jefferson was a Founder, but not a Framer. He did write the Declaration of Independence, but he had no part in drafting the Constitution.

The idea of a Constitution was not new. The United Kingdom has an Unwritten Constitution. The Greek City States had separate Constitutions written by Xenophon, Aristotle, or his students. But perhaps most important, ten out of thirteen States already had their own State Constitutions by 1776.

Prior to ratification of the United States Constitution, there were the Articles of Confederation. Ironically, under the terms of the Articles of Confederation, the United States Constitution was an illegal document. Nevertheless, it came into being, and the changes it made to the structure of government in the United States are still being felt today. The debate over the advantages and disadvantages of the United States Constitution largely took place in public, and we have a wonderful historical record of this debate encapsulated in the now famous Federalist Papers.

The Federalist Papers were written by John Jay, James Madison, and Alexander Hamilton. While they surely did not agree on everything (especially Hamilton and Madison), they all agreed that the Articles of Confederation were inadequate and that the United States Constitution would better protect the well-being of these thirteen newly formed states. Those who supported the United States Constitution became known as the Federalists.

On the other side of the debate, the Anti-Federalists argued that the United States Constitution was dangerous because of centralized power. They viewed centralized power as returning back to a British mode of government, and considering the causes and consequences of the Revolutionary War in terms of money and people, they had a legitimate concern.

It is clear today that the Federalists won this debate. Nevertheless, Federalism does not mean the same thing today that it meant then. And it is important to trace the evolution of political parties and special interests in order to understand how this change took place and what it means for our country today.