Political Awareness

Federalism

The United States Constitution introduced the concept of Federalism into the framework of the government. This concept outlines the sharing of powers between federal and state governments. Federalism was included to limit the overall power of the federal government while providing states with a certain level of autonomy. While some of these powers have shifted between federal and state governments over the decades, with legislation like the New Deal of the 1930s strengthening the federal government’s powers, the Constitution has acted as a constant guideline for how these powers are to be divided. The Tenth Amendment is often known as the federalism Amendment, as it states that any powers not directly granted to the federal government in the Constitution belong to the states and the people. The powers granted by the Constitution fall into a variety of categories. 

Enumerated & Exclusive Powers

Enumerated Powers are the powers explicitly granted to the federal government in the Constitution. Most of these powers are outlined in Article I, Section 8 of the Constitution. Crucially, this section includes the Necessary and Proper Clause, which allows Congress to pass laws that are not directly written in the text, so long as those laws help carry out the powers listed below. Many enumerated powers are also considered exclusive powers, meaning the Constitution strictly prohibits state governments from exercising them to ensure a unified nation.

• Interstate Commerce: Regulating interstate and international trade. 

• Coining Money: Sole power to coin, print, and regulate the value of currency.

• War Powers: The power to declare war, create armed forces, and manage national defense.

• Intellectual Property: Granting patents and copyrights.

• Naturalization and Citizenship: Setting nationwide rules for immigration and citizenship.

Reserved Powers 

Reserved powers are powers that are not explicitly granted to the federal government under the Constitution and not forbidden to the states. These are therefore held by the states and the people as outlined in the Tenth Amendment.

• Public Education: Funding and operating state public school systems. 

• State and Local Law Enforcement: Creating police forces and establishing criminal statutes for the state.

• Intrastate Commerce: Regulating trade and commercial activity solely within the state’s borders. 

• Public Health and Safety: Issuing driver’s licenses, building codes, and local safety laws.

• Elections and Voting: Managing the logistics and administration of elections.

Concurrent Powers

Concurrent Powers are those shared by both the federal and state governments. If there is a conflict between a federal and state law, the federal law takes priority as outlined in the Supremacy Clause in Article VI of the Constitution.

• Taxation and Revenue: Levying income, sales, excise, and corporate taxes to fund the government. 

• Public Borrowing: Issuing government bonds and incurring debt on credit.

• Judicial Systems: Establishing court systems below the Supreme Court level.

• Criminal Justice: Defining criminal offenses, enforcing penalties, and maintaining correctional facilities. 

• Eminent Domain: Taking private property for public use requires that just compensation is provided.

Federal Preemption

As mentioned earlier in the concurrent powers section, Federal Preemption is the legal doctrine that valid federal law supersedes conflicting state or local laws under the Supremacy Clause of the Constitution. Federal Preemption is categorized under two separate types: Express Preemption, which occurs when Congress explicitly writes a provision stating that state law is barred in that specific area. And Implicit Preemption, which occurs when courts infer that Congress intended to displace state law without explicitly stating it. 

• Airline Deregulation Act: Features an express preemption provision that prevents states from enacting any law or regulation related to the prices, services, or routes of an air carrier.

• Atomic Energy Act: Establishes that the federal government holds exclusive authority to regulate safety standards and operating procedures of nuclear facilities. 

• Clean Air Act: By default, the federal government stops states from setting their own emission standards for new vehicles. However, Congress granted California a statutory waiver to set stricter emissions standards, which other states may choose to adopt.

Partisan Balance

Ultimately, partisan motivations often drive the balance between state and federal power as much as constitutional doctrine. Historically, the party with the majority often leverages federal preemption to enact sweeping changes, while the party out of power champions states’ rights in order to build a legislative resistance. This constant push and pull between the party in control and the party working to regain control can lead to stalemates and delayed legislative progress. However, the Constitution was designed to allow this pendulum of powers to swing without swaying too far to one side. Making it a fairly adaptable system that is capable of containing the powers of both the federal government and the states. 

Citations:

ArtI.S8.C18.1 overview of necessary and proper clause. | congress.gov | Library of Congress. (n.d.-a). https://constitution.congress.gov/browse/essay/artI-S8-C18-1/ALDE_00001242/

 

Federal preemption under the Atomic Energy Act (AEA) | congress.gov | Library of Congress. (n.d.-g). https://www.congress.gov/crs-product/R41984

 

S.2493 – 95th Congress (1977-1978): Airline Deregulation Act of 1978 | congress.gov | Library of Congress. (n.d.-e). https://www.congress.gov/bill/95th-congress/senate-bill/2493

 

What is the Clean Air Act waiver? – Preemption of state … | congress.gov | Library of Congress. (n.d.). https://www.congress.gov/crs_external_products/R/HTML/R48168.html

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