Logo: Project Citizen

Lesson 26: How Does American Federalism Work?

Image

Lesson Purpose

The American constitutional system is made up of two levels of government: national and state. The system is called federalism. The powers of and the boundaries between the national and state governments never have been clear. Sometimes the national and state governments seem to work in harmony. Sometimes they seem locked in a struggle for power. This lesson examines constitutional provisions affecting the states in their relationship to the national government. It explains how state governments are organized, including their creation of units of local government. Finally, it describes the role of states as "laboratories of democracy."

When you have finished this lesson, you should be able to explain how American federalism involves divided sovereignty and an ongoing effort to balance power between the national and state governments. You also should be able to explain the function of three basic kinds of local governmental units?counties, municipalities, and special districts. You should be able to give examples of governmental innovations at the state and local levels. Finally, you should be able to evaluate, take, and defend positions on continuing issues related to America's unique system of federalism.

Lesson Objectives

When you have finished this lesson, you should  be able to
  • explain how American federalism involves divided sovereignty and an ongoing effort to balance power between the national and state governments,
  • explain the function of three basic kinds of local governmental units—counties, municipalities, and special districts,
  • identify examples of governmental innovations at the state and local levels, and
  • evaluate, take, and defend positions on continuing issues related to America’s unique system  of federalism.

Lesson Terms

initiative
A proposed law placed on the ballots of some states for voter decision. Initiatives that pass immediately become law.
local government
police powers
recall
referendum
reserved powers

Lesson Biographies

Madison, James (1751-1836 CE)
The "Father of the Constitution" was born to a wealthy Virginia family. He was taught at home and in private schools, then graduated from the College of New Jersey. While deciding whether to become a lawyer or minister, Madison became involved in the revolutionary cause, thereby entering state and local politics. His poor health kept him from serving in the military. In 1780, Madison was chosen to serve in the Continental Congress, where he played a major role. He was one of the most influential voices calling for a constitutional convention. He came to the Philadelphia Convention with a plan for the new government, took extensive notes on the proceedings, spoke more than 150 times, and worked tirelessly on various committees. As one of the authors of The Federalist, Madison was also a key figure in the battle for ratification. Following the convention, Madison served as a member of the U.S. House of Representatives, helping to frame the Bill of Rights and organize the executive department. Under Jefferson, Madison served as secretary of state. He then succeeded Jefferson as president. In retirement, Madison continued to speak out on public issues.

Lesson Court Cases

Cooper v. Aaron (1958)
Case Summary

The governor and the legislature of Arkansas openly resisted the Supreme Court's decision in Brown v. Board of Education. They refused to obey court orders designed to implement school desegregation. Local officials delayed plans to do away with segregated public facilities.

Question(s)

Were Arkansas officials bound by federal court orders mandating desegregation?

Answer(s)

In a signed, unanimous per curiam opinion, the Court held that the Arkansas officials were bound by federal court orders that rested on the Supreme Court's decision in Brown v. Board of Education. The Court noted that its interpretation of the Fourteenth Amendment in Brown was the supreme law of the land and that it had a "binding effect" on the states. The Court reaffirmed its commitment to desegregation and reiterated that legislatures are not at liberty to annul judgments of the Court.

See: The Oyez Project, Cooper v. Aaron, 358 U.S. 1 (1958)

Plyler v. Doe (1982)
Cruzan v. Missouri Department of Health (1990)
Washington v. Glucksberg (1997)
Printz v. United States (1997)
Gonzales v. Raich (2005)

Lesson Primary Sources

State Constitution

A link to each states' Constitution.

Access the Material

Federalist No. 45
Jefferson to Edmund Pendleton 1776
United States Constitution
About

CCE LogoThis site is brought to you by the Center for Civic Education. The Center's mission is to promote an enlightened and responsible citizenry committed to democratic principles and actively engaged in the practice of democracy. The Center has reached more than 30 million students and their teachers since 1965. Learn more.

Center for Civic Education

5115 Douglas Fir Road, Suite J
Calabasas, CA 91302

  Phone: (818) 591-9321

  Email: web@civiced.org

  Media Inquiries: cce@civiced.org

  Website: www.civiced.org

© Center for Civic Education