OverviewFederalism is a system of government in which the same territory is controlled by two levels of government. Generally, an overarching national government is responsible for broader governance of larger territorial areas, while the smaller subdivisions, states, and cities govern the issues of local concern. Show
Both the national government and the smaller political subdivisions have the power to make laws and both have a certain level of autonomy from each other. United StatesIn the United States, the Constitution has established a system of “dual sovereignty,” under which the States have surrendered many of their powers to the Federal Government, but also retained some sovereignty. Examples of this dual sovereignty are described in the U.S. Constitution. Supremacy ClauseArticle VI of the U.S. Constitution contains the Supremacy Clause, which reads, "This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding." This effectively means that when the laws of the federal government are in conflict with the laws of a state's government, the federal law will supersede the state law. Article I, Section 8Article I, Section 8 of the Constitution describes specific powers which belong to the federal government. These powers are referred to as enumerated powers. Tenth AmendmentThe Tenth Amendment reserves powers to the states, as long as those powers are not delegated to the federal government. Among other powers, this includes creating school systems, overseeing state courts, creating public safety systems, managing business and trade within the state, and managing local government. These powers are referred to as reserved powers. Concurrent PowersConcurrent powers refers to powers which are shared by both the federal government and state governments. This includes the power to tax, build roads, and create lower courts. Further ReadingFor more on federalism, see this Florida State University Law Review article, this Vanderbilt Law Review article, and this Stanford Law Review article. The relationship between the states and the federal governmentStates and the federal government have both exclusive powers and concurrent powers. There is an ongoing negotiation over the balance of power between the two levels. The relationship between the states and the federal governmentLearning Objectives
6.1 Activity: Separation of Powers and Federalism: Whose job (or check), is it?
Purpose In this activity, you will explore the separation of powers and federalism. Process After your discussion, your teacher will lead you through an activity to determine your understanding of separation of powers and checks and balances, in particular. Launch Activity Synthesis Now that students have a better understanding of the separation of powers, ask students to identify examples of when a branch has the sole power to work alone and when a branch must work with another branch to take action. Ask the students these follow-up questions:
As part of the discussion, connect the principles of the separation of powers, checks and balances, and federalism to the broader theory of our republic: the need to both check abuses of power and create a government that creates policy that serves the common good (by slowing politics down, blocking bad ideas, curbing abuse, promoting deliberation, valuing principled compromise, etc.). Students should see not only the value of checking government abuse, but also the constructive parts of our complicated system—how it might promote good policy—and also reflect on whether they think that the founders struck the right balance. To frame this part of the discussion, ask students to reflect on the following questions:
Constitution 101 Resources Constitution 101 Resources 6.2 Activity: Key Terms
Launch Information Activity Synthesis Activity Extension (optional) Constitution 101 Resources 6.3 Video Activity: Separation of Powers
Purpose Process Then, complete the Video Reflection: Separation of Powers worksheet. Identify any areas that are unclear to you or where you would like further explanation. Be prepared to discuss your answers in a group and to ask your teacher any remaining questions. Launch Activity Synthesis Activity Extension (optional) Constitution 101 Resources 6.4 Activity: Branch Exploration
Purpose Description
Complete the Activity Guide: Branch Exploration worksheet to further explore your branch. Students should also be encouraged to look at the Constitution’s text itself when completing the activity sheet. Final Assignment:
Launch
Activity Synthesis Activity Extension (optional) Constitution 101 Resources Constitution 101 Resources Constitution 101 Resources Constitution 101 Resources Constitution 101 Resources 6.5 Activity: Philosophical Thinking on Separation of Powers
Launch As a class, discuss the connection between Montesquieu’s ideas of separation of powers, Adams’s views, and Madison’s views. Activity Synthesis
Activity Extension (optional) Constitution 101 Resources Constitution 101 Resources Constitution 101 Resources Constitution 101 Resources 6.6 Activity: Federalism, It’s in There
Purpose In this activity, you will find examples of federalism in the Constitution. Process Launch Activity Synthesis Activity Extension (optional) Constitution 101 Resources Constitution 101 Resources 6.7 Test Your Knowledge
Purpose Congratulations for completing the activities in this module! Now it’s time to apply what you have learned about the basic ideas and concepts covered. Process Complete the questions in the following quiz to test your knowledge. Launch This activity will help students determine their overall understanding of module concepts. It is recommended that questions are completed electronically so immediate feedback is provided, but a downloadable copy of the questions (with answer key) is also available. Knowledge Check Constitution 101 Resources Which principle divides power between federal and state governments?Federalism is the system of government in which power is divided between a central government and regional governments; in the United States, both the national government and the state governments possess a large measure of sovereignty.
Which principle of the Constitution divides power between the state and federal governments quizlet?Basic principle of federalism; the constitutional provisions by which governmental powers are divided on a geographic basis (in the United States, between the National Government and the States). Those powers, expressed, implied, or inherent, granted to the National Government by the Constitution.
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