States vs. the federal government: who does what
Federalism means that power in the United States is divided between one national government in Washington and 50 state governments. Each has its own constitution, legislature, courts, and taxes. The federal government handles matters such as defense, currency, and immigration. States handle most of what touches daily life, including schools, most crime, marriage, and driving. When the two validly conflict, federal law wins.
How the Constitution divides power
The Constitution lists what the federal government can do, mostly in Article I, Section 8. The Tenth Amendment reserves everything else to the states or the people. In principle, Washington has limited, listed powers, while states have a general "police power" to protect health, safety, and welfare.
In practice, federal reach is much wider than the list suggests. Courts read the power to regulate interstate commerce broadly, and Congress uses grant money to steer states. The national drinking age is a classic example: Congress did not set it directly, but a 1984 law cut highway funds to any state that kept a limit below 21, and every state complied.
| Federal government | State governments | Both |
|---|---|---|
| Defense and declaring war | Public schools and curricula | Taxation |
| Foreign policy and treaties | Most criminal law | Courts and law enforcement |
| Currency | Marriage, divorce, family law | Roads and infrastructure |
| Immigration and naturalization | Property and inheritance law | Borrowing money |
| Interstate and foreign commerce | Driver's licenses and traffic rules | Environmental rules |
| Patents, copyright, postal service | Professional licensing | Public health |
| Social Security and Medicare | Running elections | Medicaid (jointly funded) |
States also delegate power downward. Counties, cities, and school districts run police, zoning, and schools. They have only the authority their state gives them, which is why local government varies so much. Each state's government mirrors the federal model, with a governor, a legislature (two chambers everywhere except Nebraska), and a supreme court. For the national structure, see the US federal system.
How much states differ
Crossing a state line can change your taxes, your rights, and what is legal. These examples use 2026 figures, which change often.
Taxes
| State | Income tax | Sales tax (state + local) |
|---|---|---|
| Texas | None | 6.25%, up to 8.25% with local tax |
| Florida | None | 6%, plus local surtaxes |
| California | 1% to 13.3% | 7.25%, more with local tax |
| New York | 4% to 10.9% | 4%, about 8.875% in New York City |
| Oregon | 4.75% to 9.9% | None |
Nine states have traditionally levied no general tax on wages: Alaska, Florida, Nevada, New Hampshire, South Dakota, Tennessee, Texas, Washington, and Wyoming. Washington does tax some capital gains, and in 2026 it enacted a 9.9% tax on income above $1 million, due to start in 2028 and already under legal challenge. Everyone also pays federal income tax. See our guide to US taxes.
Crime and punishment
- Death penalty: 27 states retain it and 23 have abolished it, and several of those that retain it have paused executions. The federal government has its own death penalty. See police and criminal justice.
- Marijuana: about two dozen states and D.C. allow recreational use, and around 40 allow medical use. Federal law is stricter. In April 2026, FDA-approved products and state-licensed medical marijuana moved to Schedule III, while other marijuana stayed in Schedule I, and a broader rescheduling was still under review at the Drug Enforcement Administration.
- Guns: 29 states allow concealed carry without a permit, while California, New York, and others regulate far more tightly, within limits set by the Supreme Court. See US gun laws.
Work, health, and family
- Minimum wage: the federal floor has been $7.25 an hour since 2009. Many states set more, with 2026 rates of $17.13 in Washington and $16.90 in California.
- Medicaid: 40 states and D.C. have expanded this health program under the Affordable Care Act, and 10 have not, so the same income can qualify you in one state and not another.
- Abortion: since Dobbs v. Jackson (2022), each state sets its own rules. Guttmacher counted 13 states with total bans in September 2026, and ballot measures can change the picture.
- Marriage: states run marriage law, but they must license and recognize same-sex marriages under Obergefell v. Hodges (2015).
- Age of majority: 18 in most states, 19 in Alabama and Nebraska, and 21 in Mississippi. Driving ages also differ.
When state and federal law collide
The Supremacy Clause in Article VI makes the Constitution and valid federal laws the "supreme law of the land." A state cannot override them, and federal courts settle the disputes. Three limits keep this from being total:
- Federal law must be valid. A law outside Congress's powers can be struck down, as parts of the Affordable Care Act and gun-free school zone laws have been.
- Washington cannot commandeer states. Under the anti-commandeering doctrine, Congress cannot order state officials to enforce federal programs. That is why states and cities can decline to help with federal immigration enforcement, though they cannot block it.
- Federal law can sit unenforced. Marijuana is the best example: states have legalized it for years despite the federal ban, because Washington has largely chosen not to prosecute state-compliant users and businesses.
Conflicts run in both directions. Democratic-led states have sued Republican administrations, and Republican-led states have sued Democratic ones, on issues from immigration to environmental rules. California's stricter car emissions standards have been a long-running dispute with Washington. Historically, far graver fights over states' rights lay behind the Civil War and the resistance to civil rights laws in the 1960s.
Why the system exists, and the debate over it
The 13 former colonies were unwilling to give up their independence to a new central power, having just fought one. Federalism was the compromise that made the 1787 Constitution possible.
Supporters say it keeps decisions close to voters, lets people with different values live under different rules, and spreads power. Justice Louis Brandeis called the states "laboratories" of democracy, because one state can try a policy before others copy it.
Critics say it makes rights and services depend on where you live, adds complexity for people and businesses, and can push states to compete by cutting taxes and regulation. Which side people take often depends on the issue and on who controls Washington at the time.
Comparing with Europe
US states have more autonomy than the regions of France or Italy, including their own criminal codes and income taxes. Germany, Austria, and Belgium are federal too, but their states mostly share a common national body of criminal and civil law. The European Union is a tempting comparison, but it only goes so far: US states have no armed forces, no currency, and no foreign policy of their own, and their residents have one citizenship and move freely among them.
Frequently asked questions
What is the difference between state and federal government?
The federal government covers the whole country and deals with defense, foreign policy, currency, immigration, and interstate commerce. State governments cover one state and handle most schools, crime, family law, licensing, and elections. Both tax you, and both have their own courts.
Does federal law override state law?
Yes, when a valid federal law genuinely conflicts with a state law, under the Supremacy Clause in Article VI. States can still set stronger protections where federal law only sets a minimum, as many do with the minimum wage.
Can a state ignore a federal law?
Not legally. A state can refuse to use its own officials to enforce a federal program, and it can sue to challenge a law, but it cannot cancel one. Federal agencies can still enforce the law inside that state.
Why do laws differ so much from state to state?
Because the Constitution left most everyday law to the states, and each state has its own voters and legislature. Unless federal law or the Constitution sets a rule, states are free to go their own way.
Can a state leave the United States?
No. The Supreme Court ruled in Texas v. White (1869), after the Civil War, that states cannot secede unilaterally.
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