Federalism: Whose Power is This, Anyway?
Dateline: 04/23/2000
"Federalism" is the process by which two or more governments share powers over the same geographic area.
In America, both the state governments and the U.S. government have certain powers.
Which government gets what powers is spelled out by the Tenth Amendment to the U.S. Constitution as follows:
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."
For example, under Article I, Section 8 of the Constitution, grants the U.S. Congress certain powers such as coining money, regulating interstate trade and commerce, declaring war, raising an army and navy and to establish laws of immigration.
Things the states cannot do are listed in Article I, Section 9. Among these, states are forbidden from coining money, entering into treaties, charging duties on imports and exports and declaring war.
Since the Constitution does not mention them, powers like requiring drivers licenses and collecting property taxes are among the many powers "reserved" to the states.
Most of the time, the line between the powers of the U.S. government and those of the states is clear. Sometimes, it is not. Whenever a state government's exercise of power might be in conflict with the Constitution, we end up with a battle of states' rights which must often be settled by the Supreme Court.
Probably the greatest battle over states' rights -- segregation -- took place during the 1960's civil rights struggle.
Next page Segregation: The Supreme Battle of States' Rights >Page 1, 2, 3
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