Federalism: National vs. State Power
How power is divided between Washington and the 50 states — and why they constantly fight about it.
Division of Powers
The Constitution creates a federal system where power is shared between the national government and the states. The national government has 'enumerated powers' — specific authorities listed in the Constitution like regulating interstate commerce, coining money, and declaring war.
The Tenth Amendment reserves all other powers to the states or the people. States handle education, criminal law, family law, licensing, and most day-to-day governance. This is why laws on issues like marijuana, the death penalty, and gun regulations vary dramatically from state to state.
The 'elastic clause' (Article I, Section 8) gives Congress power to make laws 'necessary and proper' for carrying out its enumerated powers. This has been used to justify a vast expansion of federal authority since the Founding.