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    Federalism

    Federalism

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    Federalism Primary tabs Overview

    Federalism is a system of government in which the same territory is controlled by two levels of government. Generally, an overarching national government is responsible for broader governance of larger territorial areas, while the smaller subdivisions, states, and cities govern the issues of local concern.

    Both the national government and the smaller political subdivisions have the power to make laws and both have a certain level of autonomy from each other.

    United States

    In the United States, the Constitution has established a system of “dual sovereignty,” under which the States have surrendered many of their powers to the Federal Government, but also retained some sovereignty. Examples of this dual sovereignty are described in the U.S. Constitution.

    Supremacy Clause

    Article VI of the U.S. Constitution contains the Supremacy Clause, which reads, "This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding." This effectively means that when the laws of the federal government are in conflict with the laws of a state's government, the federal law will supersede the state law.

    Article I, Section 8

    Article I, Section 8 of the Constitution describes specific powers which belong to the federal government. These powers are referred to as enumerated powers.

    Tenth Amendment

    The Tenth Amendment reserves powers to the states, as long as those powers are not delegated to the federal government. Among other powers, this includes creating school systems, overseeing state courts, creating public safety systems, managing business and trade within the state, and managing local government. These powers are referred to as reserved powers.

    Concurrent Powers

    Concurrent powers refers to powers which are shared by both the federal government and state governments. This includes the power to tax, build roads, and create lower courts.

    Further Reading

    For more on federalism, see this Florida State University Law Review article,  this Vanderbilt Law Review article, and this Stanford Law Review article.

    menu of sources

    U.S. Constitution

    The Federalist No. 41

    The Federalist No. 45

    McCulloch v. Maryland, 17 U.S. 316 (1819)

    wex ACADEMIC TOPICS legal history CIVICS government

    local governmental law

    multi-jurisdictional law

    the Constitution constitutional law wex articles Keywords federalism constitutional law enumerated powers reserved powers Tenth amendment

    Source : www.law.cornell.edu

    The Roles of State and Federal Governments

    A discussion of the roles of the state and federal governments, and their concurrent and exclusive powers.

    RESOURCE LIBRARY

    ARTICLE 65

    The Roles Of State And Federal Governments

    A discussion of the roles of the state and federal governments, and their concurrent and exclusive powers.

    GRADES 3 - 12 SUBJECTS

    Civics, Social Studies

    IMAGE

    President James Madison

    “[T]he powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State,” Madison.

    PAINTING BY GILBERT STUART FROM THE U.S. LIBRARY OF CONGRESS

    Leveled by Selected text level

    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. The Supreme Court has noted that “every law enacted by Congress must be based on one or more of its powers enumerated in the Constitution.”

    These limited powers are set forth as what are termed “enumerated powers” in Article I, Section 8 of the Constitution. These enumerated powers include, among other things, the power to levy taxes, regulate commerce, establish a uniform law of naturalization, establish federal courts (subordinate to the Supreme Court), establish and maintain a military, and declare war.

    In addition, the Necessary and Proper Clause has been interpreted by the Supreme Court to define “implied powers,” those which are necessary to carry out those powers enumerated in the Constitution. In McCulloch v. Maryland, Justice John Marshall set forth the doctrine of implied powers, stating, that a government entrusted with great powers must also be entrusted with the power to execute them.

    While the Constitution thus grants broad powers to the federal government, they are limited by the 10th Amendment, which states that “[t]he powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

    As James Madison explained, “[t]he powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.”

    These reserved powers have generally been referred to as “police powers,” such as those required for public safety, health, and welfare.

    Finally, certain powers are called concurrent powers, which the states and the federal government both may exercise. These can include, for example, setting up courts, levying taxes, and spending and borrowing money. Typically, these are powers necessary for maintenance of public facilities.

    As can be appreciated, one of the difficulties in the federal system is determining which entity, if any, has the power to legislate in a particular realm. In general, the problem of conflicting laws between the states and the federal government has given rise to what is called the doctrine of preemption.

    Under this doctrine, based on the Supremacy Clause, if a state or local law conflicts with a federal law, the state or local law must give way (unless the federal law is itself unconstitutional, in other words, it exceeds the power of the federal government). As Justice Marshall put it in McCulloch v. Maryland, “[s]tates have no power, by taxation or otherwise, to retard, impede, burden, or in any manner control the operations of the Constitutional laws enacted by Congress to carry into execution the powers vested in the Federal Government.”

    Under this doctrine, the Supreme Court has indicated that the Supremacy Clause may entail preemption of state law either by express provision, by implication, or by a conflict between federal and state law. If there is an express provision in the legislation, or if there is an explicit conflict between the state law at issue and the federal law, the state law provision is immediately invalid. Field preemption occurs when Congress legislates in a way that is comprehensive to an entire field of an issue. Impossibility preemption occurs when it would be impossible for someone to comply with both state and federal laws. Purposes and objectives preemption occurs when the purposes and objectives of the federal law would be thwarted by the state law.

    constitution Noun

    system of ideas and general laws that guide a nation, state, or other organization.

    federal Adjective

    having to do with a nation's government (as opposed to local or regional government).

    legislation Noun

    law, legal act, or statute.

    naturalization Noun

    process that allows someone to become a citizen of a country

    sovereign Noun

    (produced as currency 1489-1914, currently produced as collectible gold pieces) British gold coin, usually equal to 1 pound sterling.

    tax Noun

    money or goods citizens provide to government in return for public services such as military protection.

    Source : education.nationalgeographic.org

    Chapter 3: Federalism Flashcards

    Study with Quizlet and memorize flashcards terms like In a unitary system of government, ultimate authority rests with the states or provinces, while under federalism, all power lies with the national or central government., In a confederal system of government, the central government created by a league of independent states has______ powers over the states., What are the terms of authority in a federal political system? and more.

    Chapter 3: Federalism

    19 studiers in the last day

    In a unitary system of government, ultimate authority rests with the states or provinces, while under federalism, all power lies with the national or central government.

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    false (a unitary system of government: central government & federalism: divided power between levels of government)

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    In a confederal system of government, the central government created by a league of independent states has______ powers over the states.

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    only limited

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    Terms in this set (25)

    In a unitary system of government, ultimate authority rests with the states or provinces, while under federalism, all power lies with the national or central government.

    false (a unitary system of government: central government & federalism: divided power between levels of government)

    In a confederal system of government, the central government created by a league of independent states has______ powers over the states.

    only limited

    What are the terms of authority in a federal political system?

    It is divided between the central government and constituent governments.

    As a practical solution to the main issue at the Constitutional Convention, federalism was adopted because it __________ while establishing a strong national government.

    retained state traditions and local power

    The power of Congress to declare war is an example of

    an enumerated power

    The clause in the Constitution that grants Congress the power to do whatever is necessary to execute its enumerated or expressed powers is called the _______ clause.

    elastic

    The elastic clause is so called because it gives to government the power to do whatever is necessary and proper to execute its powers.

    true

    The fact that the United States is a sovereign power among nations, and so its national government must be the only government that deals with other nations, is the principle behind

    inherent powers

    No state is allowed to enter into a treaty on its own with another country. This is an example of a ________ power.

    prohibited

    __________ belong to the national government while __________ belong to the states.

    inherent powers; reserved powers

    The supremacy clause serves to protect the authority of

    the U.S. Constitution

    Which is NOT one of the "rules of the road" imposed on states by the national Constitution concerning interstate relations?

    a. honor states' requests to return persons who are fleeing from justice

    b. give full faith and credit to other states' judicial proceedings

    c. extend to other states' citizens the privileges and immunities of its own citizens

    d. prohibit interstate compacts between one or more states

    d: prohibit interstate compacts between one or more states

    In its McCulloch v. Maryland decision, the U.S. Supreme Court determined that

    the federal government had implied power related to its designated power

    Which of the following was an issue before the Supreme Court in Gibbons v. Ogden (1824)?

    a. how the term "interstate" should be defined

    b. how the supremacy clause should be applied to the shipping industry

    c. whether the national government's power extended to coining money

    d. whether the power to regulate interstate commerce was a concurrent power

    d: whether the power to regulate interstate commerce was a concurrent power

    The Fourteenth Amendment led to the Bill of Rights being applied to the states.

    true

    Which Amendment to the Constitution abolished the institution of slavery?

    thirteenth

    Dual federalism is a doctrine that emphasizes

    a distinction between federal and state authority

    The states and national government were distinct under __________, but mixed in their powers, responsibilities, and finances under ___________.

    dual federalism; cooperative federalism

    The pattern of national-state relationships during the era of the New Deal gave rise to a new metaphor for federalism, namely that of

    a marble cake

    A federal mandate is a requirement in federal legislation that forces states to comply with certain rules.

    true

    Federal programs that provide funds to state and local governments for broad functional areas, such as criminal justice or mental-health programs are known as

    block grants

    When the government raises funds through taxation or borrowing, and then spends these funds, it is implementing ________ policy.

    fiscal

    Devolution refers to the transfer of powers from a

    central government to a state or local government

    Which of the following presidents was responsible for the wave of devolution that was called New Federalism?

    Richard Nixon

    In United States v. Windsor, the Supreme Court found that the federal government must recognize same-sex marriages that were approved by the state in which they occurred.

    true

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    Source : quizlet.com

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