Federalism: Primary Form Of Government In The United States

Federalism, the form of government in which authority is divided between the states and the federal government, is the primary form of government within the United States. Its origins, rooted in the Anti-Federalist opposition to a strong central government, geographical practicality and the existence of various political subcultures, are the primary factors as to why Federalism was established. Practices such as same-sex marriage rights, speeding laws, and taxation laws among various states are examples of Federalism at work in today’s society. The fact that the Federalist Party was in favor of a strong central government eventually created a dichotomy between the Anti-Federalists, who were against a strong central government and argued that it would be hostile to civil liberties. Thus, the unitary system (a centralized governmental system) was severely out of the question. The confederal system was also not supported, for it gave no power over the states, and thus did not satisfy the Federalist Party.
Geographical practicality was another factor that gave rise to the development of federalism.
Even if colonial leaders had agreed on a unitary system, size and regional isolation (of the states) would have made such a system difficult to operate (Schmidt et. Al. 2007, pg 48). If the central government controlled all of the states and made all laws, it would take several weeks for all of the colonies to be informed about those decisions. The large area of the United States makes it difficult to have one central government. Federalism brings the government closer to the people (Schmidt et. Al. 2007, pg 49), and allows direct access to government
policies. Also rooted in the origin of federalism was the existence of a variety of political subcultures within various states. Federalism allows different cultures of differing states to adapt and set their own laws based on the particular culture within that state (differing cultures such as ethnic origin, region, wealth, education, and sexual preference (Schmidt et. Al. 2007, pg 49)). One central government would be unreasonable to govern and set the standard for all states, especially if cultures among states differ. The implementation of lesbian and gay men protection laws (protection against discrimination in employment, housing, etc) and same-sex marriage laws within certain states is one example of federalism today. Today, 12 states and more than 230 cities and counties have special laws protecting lesbians and gay men (Schmidt et. Al. 2007, pg 120). For example, when Massachusetts legalized same-sex marriages in their state, CNN covered the story and mentioned, “The Massachusetts high court ruling (allowing same-sex marriages) will become a state law in mid-May, regardless of what the constitutional convention decides” (CNN, 2004, paragraph 4). This clearly illustrates the power of the state governments as they decide on issues pertinent to the culture of that particular state. Different speeding laws among states are another example of the national government and state government working together. The national government allows states to decide speeding laws for certain road zones based on the land, structure and overall development of each state. For example, the speed limit in Hawaii is 60 MPH while the speed limit in California is 70 MPH (Insurance Institute for Highway Safety, 2006), due to the shorter highway distance in Hawaii when compared to the lengthy highways in California. Federalism is important and practical when determining speeding laws because one set speed limit that applied to all states wouldn’t take into consideration the way the highways or streets are structured, road conditions, number of large cargo trucks, or environmental conditions that are different in every state.