Federalism
Political Studies: Edexcel A Level, topic 12.2.1
Federalism
The US constitution sets up a system of federalism, where the power is divided between the federal government (central government) and state governments.
Federalism
- Articles I-III of the Constitution set out the powers of the states and the federal government.
- The 10th Amendment reserves all powers not delegated to the federal government to the states or the people.
Is it effective? Yes
- Each state has its own government with three branches: a governor (executive), a state legislature, and a state supreme court.
- Each state can legislate on a wide range of issues
- States have the power to ratify amendments to the Constitution, and so have the power to change the foundational document on which all US law is based.
- Protections, rights and some taxes are different in many states.
- For example, Oregon does not have a sales tax.
Is it effective? No
- The powers given to the federal government versus the states is the vaguest area of the Constitution, and over time, the powers of the federal government have expanded significantly.
- Most states do NOT have year-round legislatures, so do NOT have the ability to create law year-round compared to Congress.
- Congress can issue federal mandates that the state governments have to follow.
Test yourself on Federalism
Which amendment gives the states all powers not given to the federal government?