States vs Federal Government
Federalism is a defining feature of the American system: power is divided between the national (federal) government and 50 state governments.
The Federal System
The United States has a dual sovereignty system:
- Federal government has specific, enumerated powers
- States have broad, general powers
- 10th Amendment: Powers not given to federal government belong to states
Federal Government Powers
Powers explicitly granted by the Constitution:
- Defense and foreign policy: Military, war, treaties, immigration
- Interstate commerce: Trade between states
- Currency and banking: Print money, regulate banks
- Postal service: Mail system
- Federal courts: Supreme Court, federal judiciary
- Civil rights: Enforce constitutional rights
- Social programs: Social Security, Medicare, Medicaid (federal funding)
State Government Powers
States have reserved powers for everything not federal:
- Education: Public schools, universities
- Criminal law: Most crimes are state crimes
- Family law: Marriage, divorce, adoption
- Property law: Real estate, inheritance
- State courts: Handle 95% of all court cases
- Professional licensing: Doctors, lawyers, teachers
- Elections: Running elections (even for federal offices)
- Health and safety: Public health regulations
- Transportation: Roads, driver's licenses
Concurrent Powers (Shared)
Both levels can exercise these powers:
- Taxation
- Law enforcement
- Courts (separate systems)
- Building infrastructure
- Borrowing money
How States Differ
Taxes
| State | Income Tax | Sales Tax |
|---|---|---|
| Texas, Florida | 0% | 6-8.25% |
| California | 1-13.3% | 7.25-10.25% |
| New York | 4-10.9% | 4-8.875% |
Criminal Law Examples
- Death penalty: Legal in 27 states, abolished in 23
- Marijuana: Legal (recreational) in 24 states, illegal in others
- Gun laws: Very permissive (Texas) to very restrictive (California, New York)
Other Differences
- Minimum wage: $7.25/hr federal minimum, but many states higher ($15-$17 in some)
- Healthcare: Medicaid eligibility varies by state
- Education: Curriculum, standards, funding all differ
- Age of majority: 18 in most states, 19 in some, 21 for alcohol nationwide
Supremacy Clause
When state and federal law conflict:
- Federal law wins (Constitution, Article VI)
- States cannot override federal law
- Federal courts resolve conflicts
- Example: States can legalize marijuana, but it remains federally illegal
Why Federalism?
Advantages
- Local control: States can tailor policies to local needs
- Experimentation: States as "laboratories of democracy"
- Power diffusion: Prevents concentration of power
- Diversity: Different values in different regions
Challenges
- Inconsistency: Laws vary dramatically by state
- Complexity: Confusing for citizens and businesses
- Inequality: Different rights in different states
- Competition: "Race to the bottom" on regulations
Key Takeaways
- The US is more decentralized than most countries
- States function like small countries in many ways
- Your rights and obligations depend heavily on which state you're in
- Federal government has limited, enumerated powers
- States have broad police powers for health, safety, and welfare
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