Federalism is the system that divides government power between a national government and state governments. In the United States, this division is built on the Constitution, which gives some powers to Congress and the president, reserves other powers to the states, and allows some powers to be shared. Federalism matters because it shapes laws about schools, elections, transportation, public safety, health, taxes, and civil rights.
It also creates a balance between one unified country and fifty states with their own governments.
Key Facts
- Federalism = a division of power between national and state governments.
- Enumerated powers are powers specifically listed for the national government in the Constitution.
- Reserved powers are kept by the states under the Tenth Amendment.
- Concurrent powers are shared powers, such as taxing, building roads, and creating courts.
- Supremacy Clause: the Constitution, federal laws, and treaties are the supreme law of the land.
- Dual federalism separates national and state roles more strictly, while cooperative federalism involves shared action.
Vocabulary
- Federalism
- Federalism is a system of government in which power is divided between a central government and regional governments.
- Enumerated Powers
- Enumerated powers are powers specifically granted to the national government by the Constitution.
- Reserved Powers
- Reserved powers are powers not given to the national government and not denied to the states, so they belong to the states or the people.
- Concurrent Powers
- Concurrent powers are powers that both national and state governments can exercise.
- Supremacy Clause
- The Supremacy Clause says that the Constitution, federal laws, and treaties take priority over conflicting state laws.
Common Mistakes to Avoid
- Thinking states are completely independent from the national government is wrong because the Constitution creates a federal system where both levels have authority, and federal law can override conflicting state law.
- Confusing reserved powers with concurrent powers is wrong because reserved powers belong mainly to the states, while concurrent powers are shared by both national and state governments.
- Assuming the national government can do anything it wants is wrong because it has limited powers granted by the Constitution, although some powers are interpreted broadly through clauses such as the necessary and proper clause.
- Believing dual federalism and cooperative federalism are the same is wrong because dual federalism emphasizes separate roles, while cooperative federalism emphasizes shared programs, funding, and responsibilities.
Practice Questions
- 1 Classify each power as national, state, or concurrent: coin money, regulate public schools, collect taxes, declare war, run elections, and build roads. How many powers fall into each category?
- 2 A state law conflicts with a valid federal law on the same subject. If there are 3 possible sources of law involved, state law, federal law, and the Constitution, rank them from highest to lowest authority under the Supremacy Clause.
- 3 Explain why disaster response is often an example of cooperative federalism rather than dual federalism. Include one role for the national government and one role for state governments.