3. 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. The Constitution, under the 10th Amendment, specifically reserves power of self-governance to the states. This includes the authority 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. Police power is a state’s authority to legislate for the public safety, health, general welfare, and morals of its citizens.
• Discussion: Can you identify any conduct that is almost entirely regulated under State law? Federal law?