{"id":31066,"date":"2024-07-25T15:37:14","date_gmt":"2024-07-25T20:37:14","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/constitution\/federalism-and-the-u-s--constitution.html"},"modified":"2024-10-03T12:38:51","modified_gmt":"2024-10-03T17:38:51","slug":"federalism-and-the-u-s-constitution","status":"publish","type":"constitution","link":"https:\/\/constitution.findlaw.com\/federalism-and-the-u-s-constitution.html","title":{"rendered":"Federalism and the U.S. Constitution"},"content":{"rendered":"\n
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Federalism and the U.S. Constitution<\/h1>\n\n
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\n By Samuel Strom, J.D.<\/a> | Legally reviewed by Edward Maggio, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Federalism refers to the division of power between the federal government and the individual state governments. In combination with the separation of powers, it results in a powerful central government while preserving the liberty of the governed.<\/p>\n\n <\/div>\n\n\n\n

In 1787, the Second Continental Congress appointed delegates from each state to revise the Articles of Confederation, which was the initial governing document of the United States.<\/p>\n

The 55 delegates undertook the challenge of creating a system of government for their new country. This meeting in Philadelphia, the\u00a0Constitutional Convention<\/u><\/a>, resulted in the U.S. Constitution and the federal democratic republic system of government in place today.\u00a0<\/p>\n

The\u00a0Framers of the\u00a0Constitution<\/u><\/a>\u00a0had first-hand experience with an all-powerful central government.\u00a0The American Revolution was waged, in part, because the British imposed taxes on the colonists without offering them representation in government.<\/p>\n

But\u00a0in the years following their victory over the British, they learned that a weak federal government presented a different but equally flawed form of governance.\u00a0The\u00a0Articles of Confederation<\/u><\/a>, the predecessor to the\u00a0Constitution,\u00a0gave most of the power to the states. The federal government had few powers to regulate the states or the national economy. America was in a crisis, and the Framers had to solve it.\u00a0<\/p>\n

The Framers’ solution was to create a written Constitution to act as the supreme law of the land. In doing so, they created a strong national government. The problem with a strong federal government, however, is the amount of power it has.\u00a0<\/p>\n

The Framers proposed two distinct solutions to allocate the federal government’s powers. One solution was to divide the national government into three separate branches, each endowed with its own roles and authorities. This\u00a0separation of powers<\/u><\/a>\u00a0designated\u00a0who<\/i>\u00a0had the power to act in different areas. It also allowed each branch of government to “check” the power of the other branches.<\/p>\n

However, the Framers went beyond establishing a separation of powers. They also instituted a system of federalism, which delineates the division of authority between the federal and state governments. This fusion of federalism and the separation of powers resulted in a robust government that safeguarded the freedoms of its citizens.<\/p>\n

This article provides an in-depth explanation of federalism. Specifically, it introduces federalism, its significance in the American political system, and how the Supreme Court has interpreted it.<\/p>\n

What is\u00a0Federalism?<\/b><\/h2>\n

Federalism refers to the balance of power between\u00a0the different levels of government. The separation of powers divides power between the branches (executive, legislative, and judicial) “horizontally.”\u00a0Meanwhile, federalism divides power “vertically” between the national and individual state governments.<\/p>\n

At its core, federalism divides the governance process in the United States between the federal and state governments. Generally, the federal government is in charge of things that affect the country as a whole, such as:<\/p>\n