U.S. Constitution: Federalism and State Powers

• The Constitution establishes a federal system where the national government has certain powers, and others are reserved for the states.
• Powers not delegated to the federal government, nor prohibited to the states, are reserved to the states or to the people.

Federalism

• Federalism is a middle ground between a powerful central government and a system dominated by states.
• The writers of the Constitution aimed to limit national power without making states so strong that the federal government becomes ineffective.

Protecting States

• The Constitution protects states in several ways.
• States cannot be divided or merged without their consent or approval.
• States can maintain a militia, known as the National Guard, under the control of the state's governor.
• In a national emergency, the President can federalize the National Guard, placing it under the control of the U.S. armed forces.

Powers Prohibited to the States

• States are generally free to govern themselves, but the Constitution sets limits.
• States cannot declare war, issue their own money, or impose taxes on imports from other countries or states.
• The Fourteenth Amendment guarantees all Americans equal protection under the laws.

Reserved Powers

• The Tenth Amendment establishes that state governments can exercise powers not given to the federal government or denied to the states.
• Reserved powers include the power to make marriage laws, regulate education, and hold elections.
• States are responsible for the public health, safety, and welfare of their citizens.
• Reserved powers also include setting up police forces, building roads and bridges, setting educational requirements, and organizing local governments.

Concurrent Powers

• The Constitution grants concurrent powers, which are shared by both state and federal governments.

Supremacy Clause

• Article VI of the Constitution states that laws made by Congress are the "supreme law of the land."
• The Supreme Court resolves conflicts between states and the federal government.
• If a state law conflicts with a national law, the national law must be followed.

Governmental Cooperation

• Since the 1930s, state and federal governments have increasingly cooperated to fund and administer various programs.
• Congress allots money to aid state and community citizens, including funds for highways, education, and welfare.

Grants-in-Aid

• The federal government provides grants-in-aid (money awards) to states to help them pay for programs.
• States must contribute their own funds and obey rules set by Congress to receive these grants.

Cooperation Among States

• Article IV of the Constitution encourages interstate cooperation by requiring states to give "full faith and credit" to the public laws and court decisions of other states.
• A car registration or corporate charter issued by one state must be accepted in all states.

Form of Government

• The federal government protects each state against invasion and domestic violence.
• Article IV requires every state to have a "republican form of government."
• When a state or local police force cannot control violent incidents, the governor can request assistance from federal troops.
• States provide services to the federal government, such as conducting elections for state officials.

Extradition

• Article IV ensures another type of cooperation.
• A person who breaks the law in one state may flee to another to avoid punishment.
• A state cannot legally punish a person for breaking the laws of another state.
• Returning a suspected criminal to the state where the crime was committed is called extradition.

Sharing Responsibilities

• States cooperate, especially when sharing a border.
• The Port Authority manages bridges, airports, and transportation facilities serving both states (e.g., New York and New Jersey).

State Constitutions

• Each state has its own constitution.
• A state constitution, similar to the U.S. Constitution, serves as a plan of government.
• State constitutions share many characteristics, though they differ in detail from the U.S. Constitution.

Typical Form and Content

• 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 have their own bills of rights, which include most or all Bill of Rights protections in the U.S. Constitution.

• State constitutions may include rights not in the national Constitution.

• Examples of this include workers' rights to join unions and protections for the physically challenged.

• State constitutions 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 its highest law, but cannot clash with the U.S. Constitution.

Explore federalism in the U.S. Constitution, balancing national and state powers. Learn how the Constitution protects states and defines the limits of state authority. Understand the division of powers and the role of states within the federal system.