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Symmetry and Asymmetry as Elements of Federalism: A Theoretical Speculation
Author(s): Charles D. Tarlton
Source: The Journal of Politics, Vol. 27, No. 4 (Nov., 1965), pp. 861-874
Published by: The University of Chicago Press on behalf of the Southern Political Science
Association
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SYMMETRY AND ASYMMETRY AS ELEMENTS OF
FEDERALISM: A THEORETICAL SPECULATION
CHARLES D. TARLTON
University of Californma, Berkeley
[ 861 ]
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862 THE JOURNAL OF POLITICS [Vol. 2 7
II
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1965] ELEMENTS OF FEDERALISM 863
given to (1) the idea that the national government is one of enumer-
ated powers only, (2) the idea that the purposes which it may con-
stitutionally pursue are few, (3) the idea of federal-state equality
within their respective spheres, and (4) the idea that the relation
of the two centers with each other is one of tension rather than
collaboration. In all these areas he found developments leading to
the emergence of the National Government as the clearly pre-
dominant partner.
The arguments, the evidence, and the method of Professor Cor-
win's essay had to do throughout with questions of the meanings and
interpretations of words and phrases in the Constitution. The feder-
al relationship, for Corwin, was a legal-constitutional one. The
study of federalism involved attention to the legal-constitutional
adjustments being made in the system by the powers and institu-
tions entrusted with the task of constitutional interpretation. The
condition of American federalism could be got at from study of
the decisions rendered by the United States Supreme Court.
K. C. Wheare's classic study Federal Government illustrates the
continuing propensity for formal analyses of federalism. His pur-
poses were in the main legal and institutional, although he was care-
ful to distinguish at least two dimensions of the problem-the dif-
ference between the formal federal constitution and the actual in-
stitutional workings of federal governments. But, generally, his
treatment of federalism was concerned with the ways in which the
legal-institutional balance of powers and responsibilities is worked
out in existing federal systems.
"By the federal principle," Wheare wrote, "I mean the method
of dividing powers so that the general and regional governments are
each, within a sphere, co-ordinate and independent." The essential
point in understanding federalism, for Wheare, was that "the division
is made in such a way that ... neither general nor regional govern-
ment is subordinate to the other." The constitution was "federal"
if the federal principle, as he has defined it, predominates. A gov-
ernment was federal if it embodied "predominantly a division of
powers between general and regional authorities, each of which, in
its own sphere, was co-ordinate with the others and independent of
them." It was a question of the extent to which the actual working
of the government mirrored the relationships specified in the formal
elements of a predominantly "federal" constitution.
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864 THE JOURNAL OF POLITICS [Vol. 2 7
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1965] ELEMENTS OF FEDERALISM 865
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866 THE JOURNAL OF POLITICS [Vol. 27
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1965] ELEMENTS OF FEDERALISM 867
III
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868 THE JOURNAL OF POLITICS [Vol. 27
ber state to the system and to other states and in the total pattern
of federalism throughout the system are equally important in assess-
ing the quality of federalism.
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1965] ELEMENTS OF FEDERALISM 869
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870 THE JOURNAL OF POLITICS [Vol. 2 7
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1965] ELEMENTS OF FEDERALISM 871
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872 THE JOURNAL OF POLITICS [Vol. 27
more homogeneous the political society the clearer the need for
unitary forms. There is a limit, however, in that the diversity can in
some cases be so great that not even "federalism" can provide ade-
quate bases for unification under a single political authority. These
propositions appear to be pure common sense, but I am suggesting
that this is deceiving, that they are not as true in all cases as they
are assumed to be, and that they are often downright false and
misleading.
A viable federal system can be examined from at least two points
oI view. One can concentrate on the question of the desirability of
adopting a federal system in a particular set of social and political
circumstances, or one can inquire into the workings of a particular
extant federal system with a view to unearthing the factors contribu-
tory to its success. Depending upon the emphasis, the questions
asked and the answers accepted must be very different.
Whether a particular country or collection of countries should
adopt a federal structure is intimately bound up with the question
of the symmetry of the whole. If, in the underlying structure, diver-
sity is overwhelmingly predominant (approximating the asymmetri-
cal model), then (according to the logic of the orthodox view of
federalism's requisites) there exists a presumption of the applicabil-
ity of some utilization of the federal principle, assuming, of course,
that the diversity is not such as to preclude even federal forms. The
argument would entail something to the effect that the various sig-
nificant diversities ought to find political expression and protection
within the system as a whole. Federalism, it is maintained, provides
the necessary expression and protection.
The question, of course, really involves setting a hierarchy of
values by means of which to judge the overall desirability of fed-
eralism. It can not turn simply on the logical formula "diversity,
then federalism." The question of the workability of the system
comes energetically to mind. Whether a state can function har-
moniously with a federal constitution will, I argue, be a result of the
level of symmetry within it. The higher the level of symmetry, that
is the more each particular section, state, or region partakes of a
character general and common to the whole, the greater the likeli-
hood that federalism would be a suitable form of governmental
organization. On the other hand, if the system is highly asymmetri-
cal in its components, then a harmonious federal system is unlikely
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1965] ELEMENTS OF FEDERALISM 873
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874 THE JOURNAL OF POLITICS [Vol. 27
IV
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