5.1 Principles of Federalism in the Constitution

Federalism divides power between national and state governments in the U.S. Constitution. It outlines enumerated powers for the federal government, reserved powers for states, and concurrent powers shared by both levels, with the Tenth Amendment reinforcing state rights.

Key constitutional provisions shape this power balance. The Supremacy Clause establishes federal law as supreme, while the Commerce and Elastic Clauses grant Congress broad authority to regulate interstate commerce and implement national policies.

Division of Powers

Federalism and Constitutional Amendments

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• Federalism divides power between national and state governments
• Enumerated powers granted to federal government by Constitution
  • Includes power to declare war, coin money, and regulate interstate commerce
• Reserved powers retained by states or people
  • Encompasses education, law enforcement, and local government administration
• Concurrent powers shared by both federal and state governments
  • Encompasses taxation, establishing courts, and enforcing laws
• Tenth Amendment reinforces concept of reserved powers
  • States "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"

Types of Constitutional Powers

• Enumerated powers explicitly listed in Article I, Section 8 of Constitution
  • Grants Congress specific authorities (regulating foreign trade, raising armies)
• Reserved powers not explicitly mentioned belong to states or people
  • Allows states to regulate intrastate commerce and establish public school systems
• Concurrent powers exercised simultaneously by federal and state governments
  • Includes ability to create taxes, borrow money, and establish court systems
• Tenth Amendment acts as safeguard for state sovereignty
  • Limits federal government overreach by emphasizing state and individual rights

Constitutional Provisions

Key Constitutional Clauses

• Supremacy Clause establishes federal law as supreme law of the land
  • Found in Article VI, Clause 2 of the Constitution
  • Resolves conflicts between federal and state laws (federal law prevails)
• Full Faith and Credit Clause requires states to recognize other states' public acts, records, and judicial proceedings
  • Located in Article IV, Section 1 of the Constitution
  • Ensures legal decisions in one state are honored in others (marriage licenses, court judgments)

Commerce and Elastic Clauses

• Commerce Clause grants Congress power to regulate interstate commerce
  • Found in Article I, Section 8, Clause 3 of the Constitution
  • Allows federal regulation of economic activities crossing state lines (internet sales, transportation networks)
• Elastic Clause, also known as Necessary and Proper Clause, expands Congressional powers
  • Located in Article I, Section 8, Clause 18 of the Constitution
  • Permits Congress to make laws necessary to carry out enumerated powers (creation of federal agencies, implementation of national policies)