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Federalism

The Constitution provides for a federal system of government. In a federal system the people do
not delegate, or give, all power to one central government. Instead, they delegate some power
to the national government, some to their state governments, some to both.
Federalism is the division of powers between a national or central government and a regional or
state government. The United States has a federal system of government in which the states and
national government share the powers. Americans must obey both federal and state laws. Article
I of the US Constitution says only the national government might coin money.
Alexander Hamilton, writing in Federalist No. 28, suggested that both levels of government
would exercise authority to the citizens benefit: If their [the peoples] rights are invaded by
either, they can make use of the other as the instrument of redress.

Powers to the National or Federal Government


The Constitution assigns, or delegates, specific powers to the federal government. There are
three types of delegated powers, and they are the only powers that the federal government
holds. Expressed powers are listed clearly in the Constitution. They include the power to print
money or declare war. Implied powers are not written out clearly in the Constitution. Instead, the
Constitution gives the federal government the power to make laws that are necessary and
proper for carrying out the expressed powers. For example, the Constitution expressly gives the
federal government the power to establish post offices, but it does not expressly give the power
to print postage stamps. Postage stamps are a necessary and proper part of running a post
office, however, so the federal government has the power to print them. Finally, inherent powers
are not listed in the Constitution but are necessary for the federal government to function. The
Constitution doesnt talk about immigration or international relations, but the government still
has to act on these items. It is understood that the federal government must play a role in these
areas. Other examples of federal powers include controlling interstate and foreign trade, passing
laws, regulating trade with other countries and among the states. The federal government also
provides for the countrys defense, admits new sates and governs US territories.

Powers given to the States


The powers given to the states are called reserved powers because they are set aside for the
states or the people. This is outlined in the 10 th Amendment, the final amendment in the Bill of
Rights:: 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. Some examples of
theses powers are the power to conduct elections, regulate trade within the state, establish local
governments and public school systems.

Powers that are Shared


It is important to know that in our federal system the federal and state governments also share
many powers. These powers are known as concurrent powers. For example, both governments
have the power to tax citizens and businesses and to provide for the health and welfare of the
people. Both governments have to enforce laws, barrow money if needed, establish courts and
create banks.
The Constitution is the highest law of the land. In case the laws of the national and the state
conflict with one another, the Framers or Founding Fathers included the supremacy clause in

Article VI, saying that the Constitution and other laws made by the National Government are the
supreme Law of the Land.

Local Powers

The Constitution says nothing about local governments. Thats because the principle of
federalism created by the Constitution has only two levels: the national and the state level. The
power to create local governments is a power reserved to the states. Local governments get
their power from the state where they are located, and each state gives slightly different powers
to its local governments. Counties, cities, towns, townships, boroughs, and parishes are all types
of local government. Usually, the state will make broad laws about things like public safety,
health, and education. Then it gives local governments the power to make more detailed laws
about these issues or to decide how these laws will be carried out. Some local powers include the
power to create speed limits, protect citizens from crime, and to provide services related to
garbage, sewage, fire protection, and traffic control.

The United States

Florida

City of Jacksonville

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