National and State Government

Federalism

Portrait of Woodrow Wilson

"The question of the relation of the states to the federal government is the cardinal question of our constitutional system." -Woodrow Wilson, 1917

Article IV of the U.S. Constitution outlines a federal system of government where the powers of the government are divided between the national government and state governments. The Framers of the U.S. Constitution designed a system that would help ensure states' rights and strengthen the national government.

National Government

The Constitution grants the following powers to the national government: Expressed powers (also called enumerated powers), implied powers, and inherent powers. When combined, these powers are called delegated powers.

Can you correctly guess which is which?

Powers that are delegated, or reserved to the national government include:

Expressed Powers - powers that are granted to the federal government in Article I, Section 8 of the Constitution. This includes the power to coin money, to regulate commerce, to declare war, to raise and maintain armed forces, and to establish a Post Office... The Constitution delegates 27 powers specifically to the federal government.
Implied Powers - not clearly stated, but may be inferred from the elastic, or necessary and proper clause in Article I, Section 8 in the Constitution... Since these powers are not explicitly stated, the courts are often left to decide what constitutes an implied power.
Inherent Powers- - not clearly listed in the U.S. Constitution, but they grow out of the very existence of the national government... For example, the United States has the power to acquire territory by exploration and occupancy primarily because most governments in general claim that right.

Powers Denied to the national government:

The national government cannot tax exports from states.
The national government cannot suspend the Writ of Habeas Corpus, or summons of a court order.
The national government cannot give preference to one state over another in commerce regulation.

State Governments

The Constitution also identifies Reserved Powers, which are powers that are set aside for the states. Unlike delegated powers, they are not listed, specifically, but are guaranteed by the 10^th Amendment.

"The powers not delegated to the United States by the Constitution, not prohibited by it to the States, are reserved to the States respectively, or to the people."

Reserved powers include: Regulating trade within a state, establishing local government, and conducting elections.

The Supremacy Clause, outlined in Article VI, Clause 2 of the U.S. Constitution, established the U.S. Constitution as the "supreme law of the land." The national government has the power to override a state's decision to pass a law that is deemed unconstitutional. As a result, state laws cannot conflict with laws of the national government.

Powers Denied to the States

No state can make treaties or alliances with other countries.
No state can coin its own money.
No state can grant titles of nobility.
All states must have congressional permission to collect tariffs on imports or exports or to make agreements with other states.
No state can overrule judgments made by another state (divorce, child custody, etc.).
No state may wage war on another state or country.

Concurrent Powers

These are powers that belong to both the state governments and the national government. They include:

The power to tax
The authority to borrow money
The authority to spend for the welfare of the people
The power to establish lower courts
The power to enact and enforce laws
The power to build roads

State Government Systems

State governments have an executive branch (governor), a legislative branch (state legislature - just like Congress but on the state level), and a judicial branch (the state court system). Governors and state legislators are elected by the people of the state. State governments interact with one another in four ways:

Full Faith and Credit: Laws, records, and court decisions from one state are recognized in other states. For example, if I get married in the state of Georgia and then I move to Florida, my marriage is still legal.
Privileges and Immunities: All states must provide citizens of other states full privileges and immunities. For example, if I am a resident of Georgia, I can buy property in Florida. I have the same rights to buy property in Florida as anyone who lives in Florida full-time.
Interstate Compacts: The Constitution requires that states settle their differences without the use of force. Most of them do this through Interstate Compacts - written agreements between two or more states.
Lawsuits: If one state sues another state in court, the case must be heard in the United States Supreme Court.

Balance of Powers

Today, there are continuous debates regarding the division of powers given to the national government and states. Throughout the modern era, certain powers have been shifted from the national government to the state or vice versa. For example, the New Deal during FDR's term in office, shifted power to the national government from the states in attempt to help the poor and unemployed during the Great Depression. Today's concerns regarding shifts of power between the national and state governments include: The issues of poverty, abortion, health care, the environment, homeland security, and immigration. For example, should abortion be regulated uniformly by the national government, or should it be left up to the states whether or not to make abortions legal?

Self-Assessment Activity

Practice what you've learned about the National Government, the State Government, and Concurrent powers in the interactive below!

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