what is federalism ?

You Asked: What Is Federalism?

Shared power, overlapping authority, conflict by design — and it works!

Legal immigrants in the United States take courses to prepare for tests they must pass to become citizens. Applicants must demonstrate understanding of complex concepts, such as federalism, to gain citizenship and the right to vote. Courses are offered by community groups, such as the Central American Resource Center in Washington, where this student reads about the three branches of government.

A student in a citizenship course reads about the three branches of government to prepare for tests on understanding America.

By the National Conference of State Legislatures

This essay is excerpted from the Living Book You Asked.

There is no more misunderstood political principle associated with U.S. government than federalism — a system based on sharing, overlapping and competing powers among all levels of government.

In the United States, the powers of government are divided between the central, or “federal,” government and the states. Within the federal government, authority is distributed among different branches of government. These relationships, ambiguous by design, can be a source of energy and tension in the U.S. system of government.

Through these connections, federalism supplies “checks and balances,” ensuring that local and state governments restrain the federal government from abusing its powers, and vice versa. In large part, the success of federalism at this level is a result of the creativity and innovation of the states.

At the national level, the U.S. Constitution provides for “checks and balances” through three governmental branches: the executive (the president and administration), the legislative or Congress (the House of Representatives and the Senate), and the judicial (the courts). Because these three branches share powers, each can partially limit the powers of the other two.

For example, the Supreme Court can declare laws passed by Congress and signed by the president as unconstitutional, which means they are not valid. The Senate can refuse to confirm certain presidential appointments, and the president can veto — or reject — laws proposed by majorities of each house of Congress.

The strength of federalism is tested when state and federal laws conflict. For example, growing and using marijuana strictly for medical purposes is legal in 13 states, but it is against federal law. The U.S. Department of Justice, part of the executive (or administrative) branch, has ruled, however, that federal prosecutors in these 13 states need not prosecute people who are obeying the state laws.

Sometimes states enact laws that conflict with federal laws, such as laws about growing and using marijuana for medical purposes.

The government obtains three types of powers through the Constitution:

• Express powers — directly specified in the Constitution.
• Implied powers — not listed in the U.S. Constitution but implied through the necessary and proper clause in Article I, Section 8 (“The Congress shall have power to make all Laws which shall be necessary and proper for carrying into Execution” its express powers).
• Inherent powers — natural powers of the national government to represent the country in relations with other countries.

For example, Article I, Section 10, of the U.S. Constitution says that states cannot form alliances with foreign governments, declare war, coin money, or impose taxes on imports or exports. Only the federal government has these powers.

Despite the limits on the states, the 10th Amendment to the Constitution says that states retain all powers not granted to the federal government: “The powers not delegated by the Constitution, nor prohibited by it, are reserved to the states respectively, or to the people.” States have responsibility for these things:

• Regulating ownership of property.
• Educating residents.
• Implementing social benefit programs and distributing aid.
• Protecting people from local threats.
• Maintaining a state justice system.
• Setting up local governments.
• Maintaining state highways and ensuring management of local roads.
• Regulating industry.
• Raising money for state activities.

For example, Americans receive driving licenses from the state where they live, not from the federal government; proposals to issue identification cards at the national level have been controversial. Also, elections are conducted by the states, each applying its own rules and regulations. Residents of other countries often are surprised to learn that activities governed at the national level in much of the world are matters of state law in the United States.

Dynamic and evolving, the federal system is essential to democracy in the United States and to preserving the rights of Americans.

The National Conference of State Legislatures provides research, technical assistance and opportunities to help policymakers in the lawmaking legislatures in each of the 50 states exchange ideas on the most pressing state issues.