III.

Federalism in the Constitution

Delegates to the Constitutional Convention at first sought merely to improve the Articles of Confederation, but this proved impossible. They wrote the Constitution of the United States, an almost entirely new document. The Constitution’s advocates, called Federalists, envisioned an energetic national government (see Federalist Party). The U.S. Constitution gave Congress broad powers, some of which are exclusive—that is, not shared with the states. For example, only Congress can make war, deal with foreign nations, issue money, and regulate interstate and foreign commerce. The laws of the national government prevail if they conflict with state laws. The Supremacy Clause in Article VI of the U.S. Constitution holds that the federal constitution, and all laws and treaties based on it, are “the supreme law of the land.”

The Constitution preserves some powers for the states, however, making the United States what Federalists such as James Madison called a “compound republic.” The states share some powers with the national government, but they also retain some independence. The concurrent powers—those shared by both the national and the state governments—include taxing, spending for the public welfare, borrowing money, and eminent domain (taking private property for public use at a fair price).

The Tenth Amendment to the U.S. Constitution specifies that powers not granted to the national government are reserved, or held, only by the states. The states regulate businesses and professions, conduct elections, provide for public schools, and protect the health and safety of their people. The states also retain sole power to establish local governments, including counties, cities, towns, school districts, and many kinds of special districts. These local governments provide a wide range of services, such as schools, streets and roads, elections, and police and fire protection. Most of these government bodies can impose taxes.