Lesson 37 of 1524
American Federalism
Two governments govern the same people, and the Constitution says which jobs belong to which level.
Practice this chapterA unitary system puts final authority in the center. A confederation puts it in the states. Federalism is the middle arrangement: each level has some decisions the other cannot simply take back.
Dual federalism pictured the levels as separate layers. Cooperative federalism pictured them as mixed, especially after national programs began to fund state action. Grants are the everyday tool of that mix.
When laws conflict
Valid federal law prevails over a conflicting state law
Supremacy is a rule for conflicts, not a claim that states do nothing.
Worked example
A state law says a product may be sold with no label. A valid federal law says the same product must carry a safety label. A seller in that state follows only the state law. Who has the stronger claim?
- 1Write down the conflict. Both laws speak to the same act, and they require different behavior.
- 2Ask whether the federal law is valid. The example says it is, so Congress was acting within a power such as the commerce power.
- 3Apply the Supremacy Clause. The Constitution and valid federal laws are the supreme law of the land.
- 4The state rule does not excuse the seller. The federal labeling rule controls.
Result: The federal law prevails.
Why. Supremacy is the tie-breaker for a real conflict. It does not erase state power in areas where no valid federal law applies.
Reserved powers are what remains, not a list in the Tenth Amendment. The amendment states the rule. It does not name the powers.
Practice margin
This chapter
A fresh set from this chapter only. Choose 10 or 20. Multiple choice and fill-in, with no repeat inside the set.