What is Federalism?
Federalism regards the separation between a central government and independent governmental sub-units. In the US system, federalism is the separation between the federal and state governments.
Federalism and the US Constitution
Article IV of the US Constitution allows for the existence of states as self-governed units.
The Constitution, under the 10th Amendment, specifically reserves the power of self-governance to the states. This includes the authority to pass laws.
What is the power of a state to pass laws?
For the Federal Government to pass a law, it must be based on a specific power or authority granted under the Constitution. States pass laws pursuant to their state constitutions and the police power inferred from the 10th Amendment.
What is the Police Power?
Police power is a state’s authority to legislate for the public safety, health, general welfare, and morals of its citizens.
Related Concepts
- What is the Separation of Powers?
- Executive Branch
- Legislative Branch
- Judicial Branch
- Limitations:
- Emolument Clause
- Commonwealth
- What is the Supremacy Clause and Preemption?
- What is the Full Faith & Credit Clause?
- What is the Privileges and Immunities Clause?
- What is the Contract Clause?