So far I, at least, have no fault to find with implications of Hamilton's Federalism, but unfortunately his policy was in certain other respects tainted with a more doubtful tendency.
The combination of Federalism and Republicanism which formed the substance of the system, did not constitute a progressive and formative political principle, but it pointed in the direction of a constructive formula.
The interest which lay behind Federalism was that of well-to-do citizens in a stable political and social order, and this interest aroused them to favor and to seek some form of political organization which was capable of protecting their property and promoting its interest.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
But ambitious encroachments of the federal government, on the authority of the State governments, would not excite the opposition of a single State, or of a few States only. They would be signals of general alarm . . . But what degree of madness could ever drive the federal government to such an extremity.
The proposed Constitution is, in strictness, neither a national nor a federal constitution; but a composition of both.
In the first place, it is to be remembered, that the general government is not to be charged with the whole power of making and administering laws. Its jurisdiction is limited to certain enumerated objects, which concern all the members of the republic, but which are not to be attained by the separate provisions of any.
I consider the foundation of the Constitution as laid on this ground that 'all powers not delegated to the United States, by the Constitution, nor prohibited by it to the states, are reserved to the states or to the people.' To take a single step beyond the boundaries thus specially drawn around the powers of Congress, is to take possession of a boundless field of power not longer susceptible of any definition.
To take a single step beyond the boundaries specially drawn around the powers of Congress is to take possession of a boundless field of power, no longer susceptible to definition.
The operations of the federal government will be most extensive and important in times of war and danger; those of the State governments, in times of peace and security.
Each State, in ratifying the Constitution, is considered as a sovereign body, independent of all others, and only to be bound by its own voluntary act. In this relation, then, the new Constitution will, if established, be a FEDERAL, and not a NATIONAL constitution.
Today the universal common good poses problems of world-wide dimensions, which cannot be adequately tackled or solved except by the efforts of public authorities endowed with a wideness of powers, structure and means of the same proportions; that is... on a world-wide basis.
The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.
There is no salvation for civilization, or even the human race, other than the creation of a world government.
Canadian federalism is more than a form of government. It's also a system of values that allows different people in diverse communities to live and work together in harmony for the good of all.
The proposed Constitution, so far from implying an abolition of the State governments, makes them constituent parts of the national sovereignty, by allowing them a direct representation in the Senate, and leaves in their possession certain exclusive and very important portions of sovereign power. This fully corresponds, in every rational import of the terms, with the idea of a federal government.
The proposed constitution, therefore, even when tested by the rules laid down by its antagonists, is, in strictness, neither a national nor a federal constitution; but a composition of both. In its foundation it is federal, not national; in the sources from which the ordinary powers of the government are drawn, it is partly federal, and partly national; in the operation of these powers, it is national, not federal; in the extent of them again, it is federal, not national; and finally, in the authoritative mode of introducing amendments, it is neither wholly federal, nor wholly national.
Crucial to understanding federalism in modern day America is the concept of mobility, or 'the ability to vote with your feet.' If you don't support the death penalty and citizens packing a pistol - don't come to Texas. If you don't like medicinal marijuana and gay marriage, don't move to California.
In this relation, then, the proposed government cannot be deemed a national one; since its jurisdiction extends to certain enumerated objects only, and leaves to the several states, a residuary and inviolable sovereignty over all other objects.
It is superfluous to try by the standards of theory, a part of the constitution which is allowed on all hands to be the result not of theory, but "of a spirit of amity, and that mutual deference and concession which the peculiarity of our political situation rendered indispensable" . . . the equal vote allowed to each state, is at once a constitutional recognition of the portion of sovereignty remaining in the individual states, and an instrument for preserving that residuary sovereignty.
or simply: