Federalism and property (on the example of American federalism)

Authors
  • A. P. Zhivets. Vladivostok State University of Economics and Service. Vladivostok. Russia

  • Верещагин Сергей Григорьевич

    S. G. Vereshchagin Vladivostok State University of Economics and Service Vladivostok. Russia

Abstract

This paper examines the mechanism of the formation of American federalism from the angle of the struggle between the interests of owners. Since in the early stages of the existence of the United States, slavery was legally enshrined in some of the states as one of the
types of property, namely the ownership of labor, the struggle for the preservation of slavery and its spread, on the one hand, and attempts to prevent it, on the other, were expressed in the constitutional and political process. This article examines the period of the
formation of American federalism, highlights the process of creating state institutions. The article analyzes the purpose for which certain powers of the federal government and states were consolidated and distributed, how they were used in the interests of various categories
of owners, including slave owners. Through the historical method and the dialectical method, the essence of federalism, its goals and objectives are revealed. At the same time, the development of a phenomenon of a state-legal nature is considered in conjunction
with economic and political factors. The task of the historical and dialectical method in this case is to show that the content of such a phenomenon as American federalism is determined by the history of its development, while American federalism itself is constantly
changing as a result of the confrontation of various factors and forces that nevertheless constitute a single social system. The article highlights the fact that various property relations have tried to gain and gained political strength. Property refers not only to the already
established property relations, but also claims and the struggle for the distribution of various benefits in the future, in particular land, in favor of certain categories of the population. Of course, this article does not cover the entire path of the formation of American
federalism, but only the initial one. But the application of the historical method emphasizes that it was key to its development. The significance of the article is to determine the algorithm for studying the development of state-legal phenomena in other states, in particular,
to study the development of federalism in Russia according to this principle.

Keywords: federalism, slavery, property, powers of states, sovereignty, representation,
democracy, the US Constitution.