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Learn how the U.S. federal system divides power between national and subnational governments, and how it differs from other systems such as unitary and confederation. Explore the constitutional logic, functions, and challenges of federalism in the United States.
- OpenStax
- 2016
Learn about the different types of powers granted and denied to the national and state governments by the U.S. Constitution, and how they shape the federal system of government. Explore the clauses, amendments, and cases that interpret and apply the Constitution's distribution of power.
People also ask
How do modern democracies divide governmental power?
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While the text of the Constitution does not expressly refer to the doctrine of separation of powers, the Nation’s Founding document divides governmental power among three branches by vesting the Legislative Power of the Federal Government in Congress; 3. the Executive Power in the President; 4.
The British School’s discussion of balance of power depicts a “manually operated” system, wherein the process of equilibrium is a function of human contrivance, with emphasis on the skill of diplomats and statesmen, a sense of community of nations, of shared responsibility, and a desire and need to preserve the balance of power system.
- Overview
- Enumerated vs. implied powers
- Key documents to know
- Key cases to know
- Key takeaways from this lesson
- Review questions
A high-level overview of the key terms, themes, and concepts in this lesson.
Federalism is the distribution of power between the federal government and state governments. However, the Constitution does not create clear-cut lines for which types of policy fall under each level of government.
What's the difference between enumerated and implied powers, and why should we care?
Here's a real-world example: Say that your parents tell you that they'll pay for you to get ice cream with your friends. Awesome!
You make a plan with your friends, wait for the bus to head downtown, pay the fare, ride to the ice cream shop, get ice cream, and come back by the bus. When you get home, you tell your parents that the ice cream cost you $5 and the bus fare came to $4, so you need $9, please.
Your parents respond, "We only said we'd pay for ice cream! We didn't say we'd pay for you to get to the ice cream shop. We only owe you $5."
But how could you have gotten ice cream with your friends if you couldn't get to your friends? Well, maybe you could have bought a half-gallon of ice cream and invited your friends over . . . although you still would have had to go to the grocery store to do that, too. Is it even possible to get ice cream without going through some other step?
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.
Constitution (1787) — The fundamental laws and principles that govern the United States. The document resulted from several compromises between Federalists and Anti-Federalists in the Constitutional Convention.
McCulloch v. Maryland (1819) — Supreme Court case which guaranteed the supremacy of federal laws over state laws and declared that Congress has implied powers not listed in the Constitution in order to fulfill their enumerated powers.
US v. Lopez (1995) — Supreme Court case which stopped Congress from using the commerce clause to ban guns in schools
Questions about federalism: Federalism refers to the distribution of power between the federal government and the state governments. The Constitution sketches a federal framework that aims to balance the forces of decentralized and centralized governance in general terms. However, the Constitution does not flesh out standard operating procedures that say precisely how the states and federal governments are to handle all policy contingencies imaginable.
Therefore, officials at the state and national levels have had some room to maneuver as they operate within the Constitution’s federal design. This has led to changes in the configuration of federalism over time, changes corresponding to different historical phases that capture distinct balances between state and federal authority.
Enhancing federal power: When the Constitution was ratified, there were still debates between the Federalists and the Democratic-Republicans in Congress about how much power the federal government should have.
Interpretations of particular clauses in the Constitution have led to an increase in federal power over time. The necessary and proper clause gives the federal government power to create laws that they deem “necessary and proper,” while the commerce clause gives the federal government power over interstate commerce.
In McCulloch v. Maryland (1819), the Supreme Court ruled that the federal government had implied powers to fulfill the duties of their enumerated powers. Later, the federal government enhanced its power over the states by passing the Fourteenth Amendment, which prevented the states from infringing on the rights of individuals.
Enhancing state power: Concerns over a strong central government motivated Anti-Federalists to argue for the inclusion of a Tenth Amendment in the Bill of Rights. The Tenth Amendment guaranteed that all powers not granted to the federal government are state powers.
What constitutional arguments has the Supreme Court used to enhance or limit federal power over time?
What is the difference between enumerated and implied powers?
How did the Fourteenth Amendment give the federal government more power over the states?
[Notes and attributions]
States and the federal government have both exclusive powers and concurrent powers. There is an ongoing negotiation over the balance of power between the two levels. Key points. Federalism describes the system of shared governance between national and state governments.
Modern democracies divide governmental power in two general ways; some, like the United States, use a combination of both structures. The first and more common mechanism shares power among three branches of government—the legislature, the executive, and the judiciary.
