Separated institutions sharing power

                The phrase “separated institutions sharing power” pertains to a highly respected commentator on American politics; Richard Neustadt. He offered this particular phrase in place of the more widely used commentary of separated powers. The merit of Neustadt’s observation is that it offers an insightful picture of what the founding fathers sought to create during the constitutional convention. The American system is at heart one that could be characterized by a sharing of powers between the three branches of government. Power is also shared between the national level and the states. This distribution or dispersal of power is a striking feature of the American Constitution.

                As one might expect, the system of American governance has evolved over time. Powers that were originally held by Congress are now more commonly exercised by the President. The shift in power from the federal legislature to the White House can be located within a broader framework concerning the relative powers of the presidency. For now, it should be noted that the founding fathers viewed Congress as the dominant body. Indeed, it is somewhat telling that the Constitution outlines the powers of the legislative branch before that of the executive. The claim that the powers of the President have increased to an unconstitutional degree has been heard from figures on both the left and right. During the Nixon presidency, Arthur Schlesinger (1973) highlighted the sense of left-wing angst against ‘Tricky Dicky’ with the imperial presidency thesis. In regards to the current administration, the Tea Party movement claims that Obama has extended the powers of the federal government to a level that would be unconstitutional according to the framework created by the founding fathers.

                The relationship between the federal government and the states is, and will surely remain; a fault-line within the narrative of the United States. Disagreement between those who favor a stronger role for the federal government and those who favor a greater role for the states was present amongst the founding fathers. Since then, it has cast a lengthy shadow over the development of these United States. When seeking to reach a balance between the two, it should be recognized that some tasks might properly fall under the remit of the federal level, and there may be tasks that should be decided upon at the state level. Whatever compromise is reached, the division between the federal and state level encapsulates Neustadt’s description of separated institutions sharing powers. The United States is ultimately a federal system in which power is divided between different levels of governance rather than centralized by a unitary authority. Whilst the words “federal” or “federalism” do not appear in the hallowed document, the Constitution facilitates a federal system in which the various institutions share power.