Literature Review Assignment
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Liberty University
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2
Introduction
As a result of federalism, the United States has become one of the world's most powerful
countries in terms of politics and economy1. It created a solid foundation for American
government processes. There were numerous state legislatures in the American colonies before to
the Constitution, all of which were distinct and conflicting. The American government was
entrusted with power not just by the federal government, but also by the states. Frightened
monarchists were persuaded that federalism would be beneficial to the states. This country's
government and states are thriving because of federalism, which has allowed them to coexist
peacefully and support the American people. One of the world's most powerful nations has been
shaped by federalism, which has made the United States both politically and economically
strong. Astonishingly, it laid the groundwork for American government policy. Before the
Constitution, each of the American colonies was governed by a different state legislature, which
resulted in a patchwork of laws that were often at odds2. The American government was
entrusted with power not just by the federal government but also by the states. Frightened
monarchists were persuaded that federalism would be beneficial to the states. To ensure that the
United States and its states were able to thrive together, federalism was vital.
Biblical Worldview
Understanding the Bible's teaching on governance is essential if we believe that God is
sovereign and that His Word is the ultimate rule for government3. For example, the Bible teaches
that justice must be exercised in all spheres of life, including government. Everywhere in both
the Old and New Testaments, God implores His people to practice justice, whether they are kings
1 Thayer, James Bradley. John Marshall. No. 9. Houghton Mifflin, 1901.
2 Marshall, John. John Locke: resistance, religion and responsibility. Cambridge University Press, 1994.
3 Leigh, Nancey Green, and Edward J. Blakely. Planning local economic development: Theory and practice. SAGE
publications, 2016.
3
or commoners. The Bible does, in fact, make a strong case for the need for and expectation of
justice. The Hebrew word "mishpat," which means "justice," is an essential Biblical concept.
This idea, which can be characterized as "justice," "oddity," "custom," or "manner," is perhaps
the most fundamental concept for a proper understanding of government, whether it is that of
man or God. This rendering is sometimes deficient for us moderns, because of our innovative
way of clearly differentiating legislative, executive, and judicial roles and functions in
government, in the approximately 400 or so appearances of mishpat in the Hebrew Bible. Shapat
(from which mishpat derives) refers to all functions of governance, although the common verb
(from which mishpat derives) meaning "to rule, govern" has been incorrectly limited to judicial
processes4.
Everyone must submit to the governing authorities since there is no other authority save
God's. Those institutions that exist are God's creations (Romans 13:1). Unless shown otherwise,
we believe it is reasonable to assume that governments exist to keep their populations safe.
Human governance has been mandated by God to ensure the safety of its citizens, even if history
is littered with examples of officials abusing their positions of authority for their own personal
benefit.
For Christians, the ultimate goal of economics is to bring glory to God (1 Cor. 10:31). We
have supreme economic power. Even if they don't know it, those who work are glorifying God
even if they don't realize it. Despite the fact that people may think they are working for their own
interests, they are actually fulfilling a command from God for the sake of his honor. In certain
economic systems, the concept of private property is seen as a negative. However, scripture does
4 Drake, Frederick D., and Lynn R. Nelson. "Teaching about Federalism in the United States. ERIC Digest." (2002).
4
not see private property as a problem that needs to be solved5. Private property, according to the
Bible, is a reward for someone's effort and control. When it comes to money, the eighth and tenth
commandments tell us that we have no right to squander it.
They typically begin by looking at the community, then move on to the family.
Theoretically and practically, however, reasoning from larger to smaller economic units fails. A
better strategy is to start with the family and work outwards to the community. According to the
notion of subsidiarity, meaning, truth, and authority are found in the smallest meaningful unit
conceivable, which developed from natural law theory. No government can address the needs of
its population if the family unit is insufficient6. Government can be tiny if the family is powerful.
In cases where families are unable to support themselves, the government must step in to make
up the difference. We appreciate and improve the community by focusing on the family.
Theories/Models
The Dual federalism theory of federalism was chosen for this literature analysis.
According to Romans 13:1, everyone should submit to the powers that rule over them. God is the
only one who has authority, and others who exist are God's creations as well. This is a good
match for the Federal and state authorities are clearly defined in a political arrangement known
as layer-cake federalism or divided sovereignty, in which the federal and state governments
exercise their respective functions without interference from each other. Dual federalism is
exemplified by the Senate and the House of Representatives. It is possible for both chambers to
participate in the approval of a federal law that has a direct impact on a certain state. State
senators and federal representatives can only pass these issues on to the general public. The
5 Sun, Hao. "Evolution of American Federalism." In International Conference on Education, Management and
Computing Technology (ICEMCT-15), pp. 130-136. Atlantis Press, 2015.
6 Boyd, Eugene. "American federalism, 1776 to 1997: Significant events." Congressional Research Service Reports
(1997).
5
federal and state governments, according to Boyd, were equal partners with distinct areas of
responsibility under dual federalism, but cooperation between the federal and state governments
was minimal during the period from 1789 to 19017. 1791's 10th Amendment, which was
incorporated into the Bill of Rights, provided as a foundation for limited national government
and states' rights by ensuring that any powers not assigned to the federal government by this
Constitution were reserved for each state. According to Baracskay, the Supreme Court's
interpretation of the law and its authority over the political system were shaped during Chief
Justice John Marshall's tenure (2009)8. A ruling in McCulloch v. Maryland (1819) gave the
federal government new responsibilities. The necessary and appropriate clause and the
supremacy clause were invoked to uphold the implied powers and grant them to Congress. Laws
that a state believes violate the Constitution cannot be enforced by the federal government9.
Dual federalism is both a theory of how a federal system should distribute governmental
functions, responsibilities, and resources and an epoch in American political history. Federal and
state governments both wield control over individuals, but their respective domains of influence
are different and independent of each other, and neither government is submissive to the other.
With the dual federalism theory, the federal and state governments are divided into separate
layers and each has its own set of responsibilities and resources, much like layers in a cake10.
As far as I can tell, a literal reading of the Constitution justifies a two-tiered federal
structure. So, the Commerce Clause, Necessary & Proper Clause, Supremacy Clause &
7 Boyd, Eugene. "American federalism, 1776 to 1997: Significant events." Congressional Research Service Reports
(1997).
8 Clemens, Jeffrey, and Stephen Miran. "Fiscal policy multipliers on subnational government spending." American
Economic Journal: Economic Policy 4, no. 2 (2012): 46-68.
9 Boyd, Eugene. "American federalism, 1776 to 1997: Significant events." Congressional Research Service Reports
(1997).
10 Whittington, Keith E. "The Classical Liberal Constitution: The Uncertain Quest for Limited Government." (2014):
254-258.
6
Tenth Amendment must be interpreted narrowly. Federal authority is limited to foreign, military,
and interstate commerce under a dual federalist interpretation of the United States Constitution.
For interstate commerce, the federal government has the jurisdiction to regulate currency,
weights and measures, patents and copyrights, bankruptcy laws, and other issues. The states
retain all other powers not explicitly granted to the federal government by the Constitution or
banned by the Tenth Amendment. Responsibility for public health, safety and well-being falls
within these governmental powers, which are commonly referred to as police powers11. From
1789 through 1901, dual federalism was the most widely accepted interpretation of the
Constitution.
At that time, the Constitution was read to provide two distinct areas of authority, one for
the federal government and one for the states. This period is referred to as the era of dual
federalism. In reality, the implementation of dual federalism was far more complicated than the
theoretical foundations of dual federalism. Morton Grodzins and Daniel Elazar have shown that
the federal and state governments did overlap, cooperate, and share resources during the era of
dual federalism. More often than not, these instances of overlap and sharing were anomalies
rather than the norm12. Dual federalism interpretation of the Constitution, on the other hand, can't
precisely specify the boundaries of the federal and state governments' respective jurisdictions and
prohibit one from invading the other.
Although it survived the Civil War, the doctrine of dual federalism was severely
undermined by the Industrial Revolution. The Civil War widened the scope of national
government authority and confirmed the primacy of federal laws and the inviolability of the
union, but the federal government avoided interfering in state affairs and intrastate commerce in
11 Kraft, Michael E., and Scott R. Furlong. Public policy: Politics, analysis, and alternatives. Cq Press, 2019.
12 Rubin, Irene S. The politics of public budgeting: Getting and spending, borrowing and balancing. CQ Press, 2019.
7
accordance with the doctrine of dual federalism. The Industrial Revolution put an end to the dual
federal system. In the wake of the Industrial Revolution, several businesses utilized their
enormous riches and economic power to abuse workers and markets. Only the government
looked to be able to challenge these huge corporations13. A Supreme Court that backed laissez-
faire economic theory above state regulatory authorities and a few states that enabled businesses
to engage in harmful business practices in exchange for hefty license fees and business taxes
were the two main challenges facing state governments trying to oversee huge firms. States were
unable to adequately defend their residents and interests as a result of their inability to govern
and control major corporations, and public opinion began to shift against the states.
Sherman Antitrust Act (1890) and the Interstate Commerce Commission Act (1893)
increased federal power (1887). It was in 1901 that President Roosevelt pushed for an increased
federal role in order to better safeguard the common man from national interests becoming too
dispersed. Ending dual federalism was laid forth by Roosevelt14.
Dual federalism deteriorated throughout the next three decades15. A number of federal programs
and objectives were injected into state and municipal governments as a result of funding made by
the federal government. Grant programs totaling $30 million were overseen by the federal
government by 1920. During the New Deal, the number of these grants increased dramatically.
New Deal legislation expanded the federal government's role in interstate issues. When the
Supreme Court shifted from supporting laissez-faire economic policies to supporting national
13 Campbell, Ballard C. "Federalism, state action, and “critical episodes” in the growth of American government."
Social Science History 16, no. 4 (1992): 561-577.
14 Feld, Lars P., and John G. Matsusaka. "Budget referendums and government spending: evidence from Swiss
cantons." Journal of public Economics 87, no. 12 (2003): 2703-2724.
15 Kearns, Paula S. "State budget periodicity: An analysis of the determinants and the effect on state spending."
Journal of Policy Analysis and Management 13, no. 2 (1994): 331-362.
8
rules restricting intrastate operations, this transition was backed by the court. The era of dual
federalism had come to an end by the end of the second New Deal (1940), and the country had
entered the era of cooperative federalism16.
As Chief Justice William Rehnquist directs the Supreme Court, some argue that it is
striving to reestablish federalism, particularly in its interpretation of the Eleventh Amendment17.
Therefore, under federal age and disability requirements, workers may not sue states for
discrimination, and states may not be sued by people who argue the state promoted unfair
competition in the marketplace, as the Rehnquist Court has found. The majority of these choices
were reached by a vote of 5 to 4, and it is not yet apparent if they will stand or be expanded in
the future.
Conclusion
America is now among the strongest countries in the world, both politically and
economically, thanks to federalism. It offered an astonishing foundation for American
government procedures. The American colonies were governed by independent state legislatures
that were all dissimilar and at odds with one another before the Constitution. The American
government left power to the states as well as the central government under the constitution.
Those who were initially concerned about returning to monarchical control were persuaded that
federalism may be advantageous to the states. The United States government and the states were
able to prosper and coexist happily in favor of the American people thanks to federalism. The
biblical perspectives that encourage citizens to be submissive to every human institution for the
16 Crain, W. Mark, and James C. Miller III. "Budget process and spending growth." Wm. & Mary L. Rev. 31 (1989):
1021.
17 Clemens, Jeffrey, and Stephen Miran. "Fiscal policy multipliers on subnational government spending." American
Economic Journal: Economic Policy 4, no. 2 (2012): 46-68.
9
purpose of the Lord, whether it be the emperor as supreme or to governors as his agents sent to
punish those who do bad and to laud those who do good, mesh nicely with the dual federalism
notion. God wants you to conduct good deeds so that you might silence the foolish people's
ignorance. Live as free people who don't use their liberty to justify wrongdoing but rather as
God's servants. Respect everyone. I cherish the brotherhood. awe of God Respect the emperor.
Bibliography
10
Boyd, Eugene. "American federalism, 1776 to 1997: Significant events." Congressional
Research Service Reports (1997).
Campbell, Ballard C. "Federalism, state action, and “critical episodes” in the growth of American
government." Social Science History 16, no. 4 (1992): 561-577.
Clemens, Jeffrey, and Stephen Miran. "Fiscal policy multipliers on subnational government
spending." American Economic Journal: Economic Policy 4, no. 2 (2012): 46-68.
Crain, W. Mark, and James C. Miller III. "Budget process and spending growth." Wm. & Mary
L. Rev. 31 (1989): 1021.
Drake, Frederick D., and Lynn R. Nelson. "Teaching about Federalism in the United States.
ERIC Digest." (2002).
Feld, Lars P., and John G. Matsusaka. "Budget referendums and government spending: evidence
from Swiss cantons." Journal of public Economics 87, no. 12 (2003): 2703-2724.
Kearns, Paula S. "State budget periodicity: An analysis of the determinants and the effect on state
spending." Journal of Policy Analysis and Management 13, no. 2 (1994): 331-362.
Kraft, Michael E., and Scott R. Furlong. Public policy: Politics, analysis, and alternatives. Cq
Press, 2019.
Leigh, Nancey Green, and Edward J. Blakely. Planning local economic development: Theory and
practice. SAGE publications, 2016.
Lewis, Carol Weiss, and W. Bartley Hildreth. Budgeting: Politics and power. New York: Oxford
University Press, 2011.
11
Marshall, John. John Locke: resistance, religion and responsibility. Cambridge University Press,
1994.
Rubin, Irene S. The politics of public budgeting: Getting and spending, borrowing and
balancing. CQ Press, 2019.
Sun, Hao. "Evolution of American Federalism." In International Conference on Education,
Management and Computing Technology (ICEMCT-15), pp. 130-136. Atlantis Press, 2015.
Thayer, James Bradley. John Marshall. No. 9. Houghton Mifflin, 1901.
Whittington, Keith E. "The Classical Liberal Constitution: The Uncertain Quest for Limited
Government." (2014): 254-258.
