Search results
Oct 19, 2023 · The United States is a constitution-based federal system, meaning power is distributed between a national (federal) government and local (state) governments. Although the Supremacy Clause states that the Constitution, federal laws, and treaties are the “supreme law of the land,” according to the Supreme Court, it is clear that the Constitution created a federal government of limited powers.
- Overview
- Document to know
- Key takeaways
- Review questions
A high-level overview of the relationship between the states and the federal government.
Government in the United States is shared between local, state, and federal governments. The distribution of power between state and national governments has changed over time in response to societal needs.
The US Constitution: Articles IV and V of the US Constitution outline the federal system used in the United States today.
Article IV establishes that the states will give “full faith and credit” to the laws of other states. For example, if a citizen gets legally married in one state, he is still married if he moves to another state. Likewise, if a citizen commits a crime in one state, she cannot escape to another state and evade justice. States also can’t discriminate against citizens of other states if they move; any US citizen who moves to a state is entitled to the same “privileges and immunities” of citizenship in that state as someone born there.
Article IV also promises states the protection of the federal government. It does this by promising to defend states against invasion, guaranteeing them a republican form of government, and barring the federal government from splitting up a state without the consent of its legislature and Congress.
Article V describes the process of amending the Constitution, which requires the ratification of three-quarters of the states. This provision of the Constitution demonstrates the importance of the states in approving the workings of the US government.
Constitutional allocation of power: In addition to the separation of powers and system of checks and balances that guard against any one branch of the federal government becoming too powerful, federalism separates the powers of the federal and state governments as an added security measure to reign in government power. The federal system grants states large autonomy over lawmaking within their borders, so long as they do not violate citizens’ rights or contradict federal laws. The federal government is also able to assert power over the states through grants and mandates.
This system allows local state governments to be responsive to the particular needs of their citizens while binding the states together into a larger nation.
Name one power exclusive to the federal government and one power exclusive to state governments. Now, name two concurrent powers shared by both state governments and the federal government.
Why is the American system of government divided into three levels? What is the impact of the federal system on US policymaking?
Why are certain powers reserved to different levels of government? Can you make a generalization about the kinds of powers reserved to the federal government vs. the kinds of powers reserved to state governments?
[Notes and attributions]
Key points. Federalism describes the system of shared governance between national and state governments. The states and the federal government have both exclusive and concurrent powers, which help to explain the negotiation over the balance of power between them.
People also ask
What is the difference between state and federal government?
What is the difference between state powers and federal powers?
What is a state government system?
What powers are not granted to the federal government?
- Robert Longley
- The Founders and Federalism. Seeing the importance of balancing liberty with order, America’s Founding Fathers identified three main reasons for creating a government based on the concept of federalism
- Where the States Get Their Powers. The states draw their powers under our system of federalism from the Tenth Amendment of the Constitution, which grants them all powers not specifically granted to the federal government, nor forbidden to them by the Constitution.
- Exclusive Powers of the National Government. The Constitution grants the U.S. national government three types of powers: Delegated Powers. Sometimes called enumerated or expressed powers, the delegated powers are specifically granted to the federal government in Article I, Section 8 of the Constitution.
- Exclusive Powers of State Governments. Powers reserved to state governments include: Establish local governments. Issue licenses (driver, hunting, marriage, etc.)
The second, federalism, apportions power between two levels of government: national and subnational. In the United States, the term federal government refers to the government at the national level, while the term states means governments at the subnational level.
- OpenStax
- 2016
This is the essence of enumerated vs. implied powers: enumerated powers are those things that the Constitution explicitly says Congress can do (in Article I): levy taxes, regulate commerce with other nations, borrow and coin money, establish post offices, raise an army, and declare war, among other things.
Federalism is a pact between a national government and its states, with layers like a cake. In the U.S., it's more like a marble cake, with mixed and overlapping powers. Some powers are exclusive to the federal or state governments, while others are shared. This structure shapes how the U.S. operates.
- 6 min
