Federalism & States’ Rights

The United States is not one government. It is fifty-one — and the line between them is always being redrawn.

CONSTITUTIONAL BASIS: Tenth Amendment, Article I, Article VI

KEY DOCTRINES: Enumerated powers, reserved powers, concurrent powers

MODERN DEBATES: Abortion, marijuana, immigration, education, healthcare

STATUS: The oldest unresolved argument in American politics

I. The Constitutional Foundation

Two Sovereigns, One Territory

Federalism is the division of power between a national government and state governments. The Constitution grants certain powers to the federal government, reserves others to the states, and leaves some to be shared.

The Tenth Amendment states the principle plainly: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

The Supremacy Clause (Article VI) establishes that the Constitution and federal laws made under it are "the supreme Law of the Land." When federal and state law conflict, federal law prevails.

“Let every person be subject to the governing authorities; for there is no authority except from God, and those authorities that exist have been instituted by God.” Romans 13:1 (NRSV)

Image Placeholder: A map of the United States showing state boundaries, with the U.S. Capitol and a state capitol side by side.

II. The Major Debates

Where the Arguments Are

Abortion

After Dobbs (2022): The Supreme Court overturned Roe v. Wade and returned the issue to the states. Some states have banned abortion; others have expanded access.
The debate: Is abortion a national right or a state issue? Can Congress regulate it? Can states restrict travel for abortions?

Marijuana

State legalization: Many states have legalized marijuana for medical or recreational use, even though it remains illegal under federal law.
The debate: Can states nullify federal drug law? How should the federal government respond?

Immigration

Federal authority: The Constitution gives the federal government control over immigration and borders.
State action: Some states have passed their own immigration laws, leading to conflicts over enforcement and detention.

Education

Federal role: The federal government provides funding and sets some standards (e.g., Title IX, IDEA).
State and local control: Curriculum, school funding, and most education policy are controlled by states and local school boards.

III. Principles for Navigating the Debate

How to Think About Federalism

Federalism is not a synonym for states' rights. It is a system of shared sovereignty. States have powers the federal government does not, and vice versa.

The boundaries are not fixed. The Supreme Court has repeatedly changed the line between federal and state authority. What was once a state power can become a federal one, and vice versa.

Federalism has moral costs and moral benefits. It allows states to experiment with policies and to reflect local values. It also allows states to violate rights that the federal government might protect.

The debate is not going away. Every generation renegotiates the balance. That is not a sign of dysfunction. It is a sign that the system is working as designed.

Your Turn

Pick one of the debates above. Research your state's position on the issue. How does it compare to neighboring states? To the federal government?

Then ask: do you think this issue is better handled at the state level, the federal level, or both? Why?