The Logic of Federalism Development in the United States (Historical, Political and Legal Assessment)

Abstract

Review. Due to unique favorable geopolitical and special historical conditions that existed in the USA, the model of federalism in this country cannot be called classical or likely to follow. Nevertheless, it cannot but cause interest among researchers. In the course of the American Revolution the confederate scheme of organization of the state life had been implemented that several years after winning of independence was replaced by Federation. Probably, a weak federal center and weak states originally could coexist simultaneously within the framework of strictly determined powers of a dualistic model. However, since a single internal market at the end of the XIX century was formed, functions of the federal state became more complicated and the state apparatus considerably increased, a transition to a co-operative model of federalism with a strong center and the states-recipients of federal funds was initiated. The Great Depression of 1930s and Rusvelt's New Deal policies became a milestone on that path, and the Great Society of Lyndon B. Johnson and its extensive aid programs in 1960s became the culmination of that process. It is typical that the process of strengthening the federal center was supported by the Supreme Court, especially when the Supreme Court was presided over by Earl Warren in 1953-1969. However, in 1970-1980s during the presidency of Richard Nixon and Ronald Reagan the intention to reduce the extent of central government intervention and activity of the federal center was stated. At the same time the slogans «of new federalism» were soon replaced with another theoretical construction, namely, by the idea of «competing federalism» increasing the degree of responsibility and independence of state governments and local governments for the sake of human well-being. This model reflects peculiarities of growing political turbulence during the modern post-modernism epoch more accurately. Simultaneously, this model probably allows reducing the risks of state instability caused by the negative effect of globalization and increasing transparency of the society. It is also characteristic that starting with 1990s The Supreme Court of the United States has demonstrated unambiguous solidarity with the ambitions of the federal center. Cultural and political contradictions in the American society are escalating (independently of whether the issue concerns immigrants or sexual minorities), polarization of political parties has become worse (especially starting with the Presidential Elections of 2008). The opinion appears that under the circumstances of increasing political differentiation between states and the absence of acceptable consensus between states and the federal center a new phenomenon of fragmented or polarized federalism has formed, which poses great danger to a federal state.