Local vs. state vs. federal power
Federalism splits power between the national government and the states, and states share some power with local governments. Here is who does what.
The basics
- Federalism means power is divided between the national (federal) government and the states.
- The Constitution lists the federal government's powers. Examples: coining money, running post offices, declaring war, keeping an army and regulating trade between states.
- The 10th Amendment says powers not given to the federal government, and not denied to the states, belong to the states or the people.
- States handle things like driver's licenses, prisons and running elections. Cities, counties and school districts get their power from the state, and how much varies by state.
- Preemption means a higher level of government overrides a lower one. Federal law beats a conflicting state law, and a state can often override a conflicting local law.
Why it matters to you
Knowing which level is in charge helps you bring a problem to the right office, whether it's a local rule, an election or a driver's license.
Myth vs. fact
MythThe federal government is in charge of everything.
FactThe federal government has only the powers the Constitution gives it. Many everyday services come from states and local governments.
MythCities can pass any law they want.
FactLocal governments get their power from the state. A state can often cancel a local law that conflicts with state law. The rules differ from state to state.
What you can do
- Make a list of who handles your roads, schools, trash and police: city, county, state or federal.
- Find your state's official website and see which agencies serve you.
- Next time you have a problem, check which level of government is responsible before you call.
Sources
- https://www.archives.gov/founding-docs/constitution-transcript
- https://constitutioncenter.org/the-constitution/amendments/amendment-x
- https://constitution.congress.gov/browse/essay/artVI-C2-1/ALDE_00013395/
- https://www.usa.gov/state-governments
- https://www.nlc.org/sites/default/files/2017-03/NLC-SML%20Preemption%20Report%202017-pages.pdf
General information, not legal advice. Rules can vary by state; check your official sources.