American Federalism, 1776 to 2000

Read this report. The authors identify several significant periods and events in the evolution of American federalism. Is the story of American Federalism about balance and struggle or about increased power for one layer of government at the expense of the other?

Pre-Federalism Period: 1775 to 1789

During this period, the former colonists successfully fought the War of Independence and established a national government under the Articles of Confederation. Disenchanted with the functioning of the national government, the states called a Constitutional Convention with the aim of addressing the deficiencies in the Articles of Confederation. Instead, the delegates drafted and the states ratified a new Constitution that created a federal system of government.


1776 – Declaration of Independence.

In the midst of the Revolutionary War, which lasted from 1775 to 1783, delegates to the Continental Congress convened in Philadelphia and on July 4, 1776 adopted the Declaration of Independence. Each of the former colonies also established state governments to replace the colonial charters. The Continental Congress was given the power to carry on the war effort.


1777 – Drafting Articles of Confederation.

The Continental Congress drafted the Articles of Confederation, which defined the powers of the Congress. Leery of a strong central government, the former colonists created a Confederation or "League of States" that was state-centered rather than nation-centered.


1781 – Articles of Confederation approved by the States.

Under the Articles of Confederation legislative, judicial, and executive powers rested with Congress. The Articles of Confederation established a Congress comprised of one representative from each state; it limited the power of the central government; and it delegated to the states the power to levy taxes and regulate commerce. The Confederation Congress was given the power to declare war, make treaties, and maintain an army and navy. The Articles of Confederation had several noteworthy flaws that made it ineffective: 1) it did not provide for an executive to administer the government, 2) the national government lacked the power to tax, and 3) it lacked the power to regulate commerce.


1786 – Articles of Confederation Reconsidered.

Demand for re- examination of the Articles of Confederation was prompted by a post- Revolutionary War economic depression; rebellion in Massachusetts among debt ridden former soldiers, led by Daniel Shays (Shays Rebellion); concerns about the ability of the Confederation to support its currency or meet domestic and foreign debt incurred during the war; issues surrounding westward expansion; and state tariff conflicts. A group later known as Federalists, led by Alexander Hamilton, John Jay, and James Madison sought support for a strong central government that could deal with internal insurrections, arbitrate state tariff conflicts and other conflicts among states, and manage westward expansion. Members of the group called for a Constitutional Convention in 1787 to reconsider the Articles of Confederation.


1787 – Drafting a New Constitution.

A Constitutional Convention met in Philadelphia from May until September and drafted a new Constitution. Under the new Constitution the central government, ".... in order to form a more perfect union," was given additional powers that included the power to levy taxes and control commerce among states and with foreign countries. In addition, the Convention created three co-equal branches of government – executive, judicial, and legislative. In a compromise (Connecticut Compromise) between rival plans offered by Virginia and New Jersey delegates, the Constitution called for the creation of a legislative branch composed of two chambers. Members of the House of Representative from each state were to be elected by the people of that state based on state population. The Senate would be comprised of two Senators from each state elected by their respective state legislatures. The Constitution included provisions that ensured the supremacy of federal laws (Article VI), but also recognized state powers and the power of the people. (Amendment X).


1787 & 1788 – Campaigning for a New Constitution.

The Federalist, a series of 85 essays by Alexander Hamilton, John Jay, and James Madison, writing under the pen name Publius, was published during this period. The papers provided the philosophical underpinning in support of the new Constitution. Those opposed to the new Constitution (labeled Anti- Federalists but calling themselves Federal Republicans) also published articles under the pen names Brutus and Cato, arguing for support of a federal system of governance that would protect the state governments from the tyranny of the national government. The Anti- Federalists or Federal Republicans would eventually evolve into the Democratic Republican party that ascended to power with the election of Thomas Jefferson in 1801.