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Foundations • 4 min read

Federal vs State Power: Who Decides What?

Learn how power is divided between Washington D.C. and your state capital, and why it matters for laws that affect you.

What is Federalism?

Federalism is the American system where governmental power is split between:

  • •The federal (national) government - Based in Washington D.C., handles issues affecting the entire country
  • •State governments - Your state capital, handles issues specific to your state

Why This Matters

Understanding federalism helps you know who to contact when you want to change a law, who's responsible when something goes wrong, and why the same issue might be legal in one state but not another.

Federal Government Powers

The Constitution gives specific powers to the federal government:

  • •National defense and foreign policy - Declaring war, making treaties, maintaining military
  • •Interstate commerce - Regulating trade between states
  • •Currency and banking - Printing money, regulating banks
  • •Immigration and naturalization - Determining who can enter or become a citizen
  • •Postal service - Operating the mail system

State Government Powers

Powers not given to the federal government belong to the states (10th Amendment):

  • •Education policy - School curriculum, funding, and standards
  • •Criminal law - Most crimes (murder, theft, assault) are prosecuted by states
  • •Marriage and family law - Divorce, custody, adoption
  • •Driver's licenses - Traffic laws and licensing requirements
  • •Professional licensing - Doctors, lawyers, electricians
  • •Voting procedures - How elections are conducted (within federal limits)

Real-World Example: Marijuana Laws

Federal law classifies marijuana as illegal. However, many states have legalized it for medical or recreational use. This creates a complex situation where something can be:

  • ✓Legal under state law (like in Colorado or California)
  • ✗Still illegal under federal law

Federal agents could enforce federal law, but typically choose not to interfere with state-legal operations. This shows how federalism creates layers of authority that sometimes overlap.

When Federal Law Wins: Supremacy

The Supremacy Clause (Article VI) says that when federal and state laws conflict, federal law wins. This means:

  • •States cannot pass laws that contradict federal law
  • •States cannot interfere with federal functions
  • •Federal courts can strike down state laws that conflict with the Constitution

Key Takeaways

  • 1.Federalism divides power between national and state governments to prevent centralization
  • 2.Federal powers are listed in the Constitution; state powers are everything else
  • 3.When they conflict, federal law wins under the Supremacy Clause
  • 4.This system allows states to be "laboratories of democracy," trying different approaches to problems