Federalism and the U.S. Constitution

• The Constitution establishes a federal system, which divides power between the national government and the state governments
• The Constitution denies certain powers to each level of government
• Some powers are shared by both the national and state governments, but are not necessarily equal
• When state law conflicts with national law, national law prevails.
• Federalism is a middle ground between an all-powerful central government and a system dominated by the states
• The writers of the Constitution aimed to limit national power while preventing states from becoming so strong that the central government becomes ineffective
• The Constitution protects states in several ways
• No state can be divided or merged with another state without its consent or approval.
• States can maintain a militia, called the National Guard, under the control of each state's governor.
• During a national emergency, the president can federalize the National Guard, placing it under control of the U.S. armed forces
• Under reserved power giving vaccines to the elderly-
• National government powers include regulating foreign and interstate commerce, coining money, providing an army and navy, declaring war, establishing federal courts, conducting foreign relations, and exercising implied powers
• Concurrent powers shared by national and state governments include levying taxes, borrowing money, spending for general welfare, establishing courts, and enacting and enforcing laws
• State government powers include regulating intrastate commerce, establishing local government systems, administering elections, and protecting public health, welfare, and morals.
• The Constitution forbids states from declaring war, issuing their own money, or imposing taxes on imports from other countries or states
• Each state is largely free to govern itself as its citizens see fit, although with certain limitations
• The Constitution specifies what state governments may not do
• The Fourteenth Amendment guarantees all Americans equal protection of the laws
• The Tenth Amendment establishes that state governments may exercise all powers not given to the federal government or denied to the states
• Reserved powers for the states include making marriage laws, regulating education, and holding elections
• Other state responsibilities are setting up police forces, building roads and bridges, setting educational requirements and providing money to run schools, and organizing local governments
• States are responsible for the public health, safety, and welfare of their citizens
• The Constitution grants concurrent powers, which are shared by state and the Federal government.
• Article VI of the Constitution states that laws made by Congress is the "supreme law of the land."
• The Supreme Court decides cases when there is conflict between states and the federal government.
• Since the 1930s, state and federal governments have increasingly cooperated to fund and administer a wide variety of programs.
• Funds allotted by Congress are meant to aid state and community citizens for highways, education, and welfare
• The federal government provides grants-in-aid to states to help them pay for some of their programs.
• States must contribute some of their own money and obey rules set by Congress to receive such grants
• Article IV encourages interstate cooperation by requiring states to give "full faith and credit" to the public laws and court decisions of other states.
• For example, a car registration or corporation charter issued by one state must be accepted in all other states
• The federal government protects each state against invasion and domestic violence.
• Article IV requires every state to have a "republican form of government."
• Governors may call for federal troops when state or local police cannot control violent incidents.
• States provide certain services to the federal government, such as conducting elections for state officials
• Governors usually order that a person charged with a crime be returned to the state where the crime was committed (extradition)
• The Port Authority manages bridges, airports, and other transportation facilities and is an agency between New York and New Jersey.
• Each state has its own constitution, which acts as a plan of government
• While state constitutions differ in details, they share many characteristics
• Every state constitution provides for separation of powers among the legislative, executive, and judicial branches
• State constitutions outline the organization of each branch, the powers and terms of various offices, and the method of election for state officials.
• State constitutions often include their own bills of rights with more protections than the Bill of Rights.
• State constitutions also establish different types of local governments, such as counties, townships, municipalities, special districts, parishes, and boroughs.
• State constitutions regulate how state and local governments can raise and spend money
• State constitutions establish independent state agencies and boards
• A state's constitution is the highest law in that state
• State constitutions cannot include provisions that clash with the U.S. Constitution.

Explore federalism, the division of power between national and state governments as established by the U.S. Constitution. Discover the powers denied, shared, and reserved, and the principle of national law prevailing over state law. Understand the balance between national power and state autonomy envisioned by the Constitution's framers.