Omar Bennett
Federalism is a system of government in which the same territory is controlled by two levels of government. The US Constitution establishes a system of dual sovereignty, dividing power between the federal government and individual state governments. The Constitution doesn't explicitly mention the term federalism, but the concept is integral to its structure, with the Tenth Amendment being a notable example of its presence. Federalism allows for a powerful central government while preserving the liberty of the governed, as states retain substantial powers to promote the health, safety, and welfare of their residents. The Supreme Court has also played a role in interpreting and shaping federalism through its decisions and opinions.
| Characteristics | Values |
|---|---|
| Division of power | The national government and the states share power |
| Limited powers | The federal government has limited powers |
| Dual sovereignty | States retain sovereignty while surrendering some powers to the federal government |
| State legislative powers | State powers are limited by their constitutions |
| State police power | States have the power to create and enforce laws for their citizens' health, safety, and welfare |
| State autonomy | States can interpret the Constitution independently and refuse to enforce unconstitutional laws |
| Noncentralization | The existence of a noncentralized party system and guaranteed representation in the national legislature |
| Bargaining and negotiation | Basic policies are made and implemented through bargaining and negotiation |
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What You'll Learn
The Tenth Amendment
Federalism is a system of government in which the same territory is controlled by two levels of government. In the United States, the Constitution has established a system of "dual sovereignty", with the federal government maintaining overarching control while the smaller subdivisions, states, and cities govern issues of local concern. Both the national government and the smaller political subdivisions have the power to make laws and maintain a certain level of autonomy from each other.
> The 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.
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The Supremacy Clause
Federalism in the US Constitution establishes a system of "dual sovereignty", with the national government responsible for broader governance and states governing issues of local concern. The Supremacy Clause, a cornerstone of this federal political structure, asserts the supremacy of federal law over state law, ensuring that federal authority prevails within the boundaries of the Constitution.
The clause dictates that federal law takes precedence over state law in cases of conflict. This principle, known as federal preemption, applies to conflicting laws from legislatures, courts, administrative agencies, or constitutions. For instance, the Voting Rights Act of 1965, a federal law, takes precedence over state constitutions. Similarly, Food and Drug Administration regulations can override state court judgments involving prescription drugs.
The Supreme Court has played a pivotal role in interpreting and applying the Supremacy Clause. In the early 20th century, the Court's decisions reinforced dual federalism, strictly separating federal and state powers. However, during the New Deal era, the Court expanded the federal government's powers while also narrowing the circumstances in which federal law displaced state law to protect state regulatory authority.
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Enumerated Powers Federalism
Federalism is a system of government in which a single territory is controlled by two levels of government. In the United States, the Constitution has established a system of "dual sovereignty", with power shared between the national government and the states. The US Constitution created a federalist system with limited national power and most matters of domestic social policy left to the states. This is in contrast to a totally unified central government with all legislative power.
The US Constitution recognises the powers of state governments in the Tenth Amendment. The Tenth Amendment provides that the 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. The federal government is thus supposed to be a government of limited powers. However, the facts on the ground have outpaced the Founders' vision, with the interconnected system now leaving room for the federal government to regulate virtually everything the states can.
The enumerated powers of the federal government are listed in Article I, Section 8 of the US Constitution. These include the power to regulate immigration and naturalization, coin money and regulate the currency, establish post offices, and grant patents and copyrights to promote science and the arts. Other powers include the power to tax in order to "pay the Debts and provide for the common Defence and general Welfare of the United States", to regulate interstate and foreign commerce, and to declare war and raise and regulate military forces. The Commerce Clause, which gives Congress the power to regulate interstate commerce, has become the most broad-ranging power of the federal government.
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Separation of Powers
Federalism is a system of government in which the same territory is controlled by two levels of government. In the United States, the Constitution established a system of "dual sovereignty," with the national government responsible for broader governance and states governing local issues. The Constitution also outlines a separation of powers, dividing authority between the legislative, executive, and judicial branches.
The separation of powers is a key principle in the US Constitution, intended to prevent abuses of power and promote good governance. The legislative branch, Congress, is responsible for making laws. The executive branch, which includes the President, Vice President, and the Cabinet, enforces these laws. The judicial branch, consisting of the federal courts, interprets the laws and ensures they are applied fairly and constitutionally.
The separation of powers creates a system of checks and balances, where each branch has specific duties and limitations, and can hold the others accountable. This system aims to prevent any one branch from becoming too powerful and protect against potential abuses of power.
The US Constitution grants the national government defined but limited powers, with the remaining powers left to the states. This balance ensures that the national government has sufficient authority while protecting individual liberties. The Tenth Amendment further reinforces this by stating that any powers not specifically delegated to the national government are reserved for the states or the people.
Federalism cases have posed a challenge for judges, as they must navigate the complex relationship between federal and state powers. While the Supreme Court has attempted to limit Congress's reach, the federal government's influence has expanded over time, blurring the lines of federalism and separation of powers.
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The Alien and Sedition Acts
Federalism in the US Constitution is a system of "'dual sovereignty', where the States have surrendered many of their powers to the Federal Government but have also retained some sovereignty. The Tenth Amendment is a well-known provision that reinforces the principle of federalism by stating that "the 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."
Another example of federalism in the Constitution is the Supremacy Clause in Article VI, which establishes federal law as superior to state law. The Reconstruction Amendments, including the Thirteenth, Fourteenth, and Fifteenth Amendments, also illustrate federalism by placing new federal constraints on state governments and addressing the balance of power between the federal and state governments.
Now, onto the Alien and Sedition Acts:
The Naturalization Act increased the residency requirements for citizenship from 5 to 14 years, making it more difficult for immigrants to obtain U.S. citizenship and the right to vote. The Alien Friends Act empowered the president to deport any alien whom he considered dangerous to the peace and safety of the United States. The Alien Enemies Act authorized the deportation of aliens from countries at war with the United States, and it granted the president powers of detention and deportation during wartime.
The Sedition Act limited freedom of speech and press by making it illegal to publish "false, scandalous, and malicious writing" against the government or its officials. The prosecution of journalists under this act, such as Benjamin Franklin Bache and James Callender, rallied public support for the Democratic-Republicans and contributed to their success in the 1800 election.
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Frequently asked questions
Federalism is a system of government in which the same territory is controlled by two levels of government. In the US, federalism refers to the division of power between the federal government and the individual state governments.
The US Constitution establishes a system of "dual sovereignty", where the states have surrendered many of their powers to the federal government but have also retained some sovereignty. The federal government is meant to be a government of limited powers, with the states having autonomy to govern issues of local concern and shape policy in ways that serve the diverse nation.
Federalism is reflected in the US Constitution through the division of powers between the national government and the states. The Tenth Amendment is a key example, reserving powers not delegated to the federal government to the states or the people. The Supremacy Clause in Article VI is another example, establishing federal law as superior to state law.
Federalism brings government closer to the people, allowing state governments to shape policies that best serve their communities. It also protects the rights retained by the people, as most laws affecting their liberties are made at the state level. Federalism also promotes noncentralization, with states having substantial influence over constitutional amendments and guaranteed representation in the national legislature.
One challenge is balancing the powers of the federal and state governments. The Supreme Court has played a role in interpreting and enforcing federalism, but its decisions have not always been consistent. The Commerce Clause, for example, has been interpreted to extend federal power over state and local matters. Federalism cases often pose a dilemma for judges, as they must balance a limited federal government with the reality of an interconnected system that gives the federal government significant regulatory power.
