Federalism describes the Constitution’s system of dividing power between the national government and the states. But when we look for the term “federalism” in the Constitution, we won’t find it. Everyone loves the party game “Two Truths and a Lie.” Can you identify which of the following statements about the role of federalism is false?
A. The Constitution assigns certain powers to the federal government.
B. Federal and state governments don’t share any powers.
C. Federal law overrides state law when the two are in conflict.
Let’s take these statements one at a time:
A. TRUTH! The Constitution assigns certain powers to the federal government, known as enumerated, or exclusive powers, and they are mainly listed in Article I, Section 8. Exclusive powers of the federal government include the regulation of commerce, coin money, establishing immigration laws, conducting foreign affairs, maintaining armed forces, and declaring war. The purpose of enumerated powers is to clearly define and limit what the federal government can do. This serves several key goals.
First, it limits government overreach. The framers of the Constitution aimed to prevent the federal government from becoming too powerful and infringing on individual liberties or states’ rights. Second, it helps establish a clear division of power and responsibilities: federal powers handle national and international matters, while states retain control over most local and regional issues. Third, federalism promotes accountability by holding governments accountable when they act outside their legal authority. Lastly, by granting limited powers to the federal government and reserving the rest for the states (as confirmed in the 10th Amendment), the Constitution creates a system of federalism that balances centralized strength with local control, maintaining a balance of power.
B. LIE! In our federal system, some powers are shared by both federal and state governments, such as taxation, building infrastructure, and making and enforcing laws. These concurrent powers are implied through the structure of the Constitution and interpreted by the courts. Furthermore, state governments have their own authority and responsibilities as outlined in the 10th Amendment. These reserved powers include education, law enforcement, regulating business within the state, establishing local governments, issuing professional licenses, and managing public health and safety. This allows each individual state to govern themselves in certain areas while still being a part of the unified country. Federalism allows states to tailor policies to their unique cultural, economic, and demographic needs, providing for regional diversity and allowing regions with different priorities to implement customized solutions.
C. TRUTH! Article VI, Clause 2 states that “This Constitution, and the Laws of the United States…shall be the supreme Law of the Land.” Known as the Supremacy Clause, federal law takes priority over state laws when the two are in conflict. Further, state judges must uphold federal law even if state laws or state constitutions contradict it. This reinforces the idea that states cannot enact laws that undermine federal policy. The supremacy clause helps maintain national unity by ensuring that federal laws apply consistently across all states.
Bottom Line: In the United States, federalism plays a central role in structuring how government power is distributed between the national (federal) government and the state governments. This system is established by the U.S. Constitution and is designed to balance power, prevent tyranny, protect individual liberties, and allow for regional diversity. Federalism is a dynamic system that works because it gives the federal government strength to act for the entire country, while allowing states flexibility to govern according to their local needs.