Afghan President Hamid Karzai speaks to a joint session of Congress.

 

Many features of the American political system promote the decentralization of power. Four of the most important features embedded in the Constitution are (1) federalism, (2) separation of powers, (3) a bicameral Congress with chambers of equal weight, and (4) the electoral systems—for there are two different systems.

 

(1) Federalism

The Framers of the Constitution replaced the confederation model of government with a federal model. Whereas the Articles of Confederation promised a “perpetual Union” of states that retained their “sovereignty, freedom, and independence,” the Constitution does not mention sovereignty at all. It begins, “We the people of the United States,” implying that the new government represented individuals rather than states. Under the concept of federalism, two or more levels of government exercise power and authority over the same people and the same territory. For example, the national government provides for defense against foreign enemies while state governments exercise “police power”—safeguarding citizens’ health, morals, safety, and welfare. The national government can act in these areas only with state cooperation. The national government might offer funds for state highways built to national standards, or grant funds for education if state schools followed certain procedures. Because the police powers are decentralized among the states, the power of the national government is limited in building highways, improving schools, or in regulating marriage, divorce, and criminal punishment—all of which, among other matters, are decentralized under state control.

 

(2) Separation of Powers

The Constitution created a structure that separated political powers among three branches of government. It invested “all legislative Powers” in the Congress, “the executive Power” in the President, and “the judicial Power” in a Supreme Court and in inferior courts established by Congress. In addition, the Constitution decentralized authority further, devising ways by which each branch could check the other branches. One example: Congress was granted the power to make laws, but the president was empowered to veto laws; whereupon Congress could by a two-thirds vote pass a law over a presidential veto. Another example: Only the president can negotiate treaties, but treaties cannot be put into effect unless approved by two-thirds of the Senate. Yet one more example: While Congress determines the Supreme Court’s structure and the president names the Court justices, the Court can invalidate acts by Congress and the president if the Court judges that the acts conflict with the Constitution. As regards this last example, it is important to note that the Court’s power to invalidate acts by Congress and the president was not expressly provided for in the Constitution; this became accepted practice only following the landmark Supreme Court decision in Marbury v. Madison, decided in 1803.

 

This complex separation of powers contributes to the decentralization of government authority in the United States. The president may propose a governmental program but Congressional legislation is generally required to enact that program into law. Even then, the Supreme Court has the power to reject the law if it comes before the court. Enacting permanent law in the United States is a complicated process. Lawmaking is simpler in nations with parliamentary systems—which are far more common among the world’s democracies. The dominant party or coalition in parliament usually passes legislation proposed by government ministers, and most courts have limited power to invalidate the legislation.

 

(3) A Bicameral Congress

Decentralization of power in the U.S. legislative process is furthered by a bicameral Congress. Many nations also have bicameral legislatures—legislatures with two chambers (often called lower and upper houses)—but few countries have two chambers that are virtually equal in power. The House of Representatives qualifies as the lower house because its 435 members are elected from districts based on population size. The smaller Senate (100 members) qualifies as the upper house because its members must be older (at least 30 compared with age 25 for the House) and are elected for longer terms: six years instead of two. Although senators are popularly elected, two are chosen (in staggered terms) from each of the 50 states, regardless of population.

 

According to the Constitution, the two chambers do have minor differences in powers. All revenue bills must originate in the House, and only the Senate approves treaties and presidential appointments. These differences fade in comparison with their equal powers in enacting legislation. Before a bill can be presented to the president for signature, it must pass each chamber in identical form. As a result, power is not concentrated in one chamber more than the other (as in most nations) but apportioned equally to each chamber.

 

(4) Electoral Systems

The United States has not one electoral system, but two—one for the president and one for members of Congress. Both systems contribute to the decentralization of power. Let’s consider the presidential system first. The presidential election is not a “national” election that a candidate wins by taking a majority of the popular vote across the nation. It is a federal election that awards the presidency to the candidate who wins a majority (270) of 538 electors in the “electoral college.” (The number 538 derives from the sizes of the House of Representatives and Senate plus three votes held by the District of Columbia.) States have one electoral vote for each of their electors, and each state has as many electors as seats in Congress. The smallest states (with only one representative and two senators) have only three electoral votes. The largest state, California, has 55. Voters in presidential elections actually vote for party slates of electors in each state. After the election, the electors in each state meet in their state capitols to choose a president. (The electoral college never meets as a whole.) A candidate who wins a plurality of a state’s vote wins all the state’s electors. Therefore, presidential candidates decentralize their campaigns, directing them at individual states, not the nation as a whole.

 

The electoral system for Congress also encourages decentralization. Most other democracies elect legislators using proportional voting: Votes are cast for parties, and legislative seats are awarded in proportion to the party vote. The United States elects members of Congress using majority voting: Multiple candidates contest for a single seat, and the seat goes to the candidate who receives the most votes. Because they win office by winning elections on their own, members of Congress cater to their states and districts to be re-elected, which encourages them to serve local interests if they conflict with national interests.