Chapter VI
THE NEW FEDERALISM

'What is the fundamental characteristic of the United States considered as an association of states?' asks the leading English study of federal government.1 The answer, according to the author, is the principle under which the general and the regional governments are co-ordinate and independent in their respective spheres. 'The answer seems to be that the Constitution of the United States establishes an association of states so organized that powers are divided between a general government which in certain matters . . . is independent of the governments of the associated states, and, on the other hand, state governments which in certain matters are, in their turn, independent of the general government.'2

There is little doubt but that this answer accords with the structure of the American Union that was contemplated by the framers of the Federal Constitution. Their dominant concern was to ensure that the national Government which they were creating would not be so powerful that it would, in practice, swallow up the States out of which the nation was to be composed. They sought to accomplish this by limiting the Federal Government to a specific list of enumerated powers which were essential to its effective functioning, while reserving all other authority to the States, which were to continue unaltered as separate sovereignties, except for whatever powers they had surrendered to the nation. The concept of federalism which pervaded the governmental philosophy of the founders of the American Union was based upon the co-ordinate and independent position of the different centres of government. What was necessary, in their view, was that each government should be limited to its own sphere and, within that sphere, should be independent of the other.3

0'In the classical Anglo-American doctrine of federalism,' a French student of American public law has declared, 'the division of powers between the federal State and the member-States guarantees, to the one and to the others, full sovereignty in the domain appropriate to each. The exercise of federal powers should not infringe upon the area of powers reserved to the member-States. And vice versa.'4 This classical concept of federalism, however, upon which the American system was based, has not

____________________
1
Wheare, Federal Government ( 3rd ed. 1953), 2.
2
Ibid.
3
Cf. Ibid.15.
4
Pinto, La Crise de l'état aux États-Unis ( 1951), 7.

-163-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
American Constitutional Law
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 364

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.