Legal Definitions - federalism

Federalism describes a system of government where the same territory is governed by two distinct levels of government, each with its own set of powers and responsibilities. Typically, an overarching national or central government handles issues of broader, national concern, while smaller regional governments, such as states or provinces, manage matters more relevant to their local populations.

In this arrangement, both the national government and the regional governments possess the authority to create and enforce laws, and each maintains a degree of independence from the other. In the United States, the Constitution establishes a federal system where certain powers are specifically granted to the federal government (known as enumerated powers), others are reserved for the states (reserved powers), and some are shared by both (concurrent powers). When federal and state laws conflict, federal law generally takes precedence, reflecting the principle of federal supremacy.

Here are a few examples illustrating how federalism operates:

• Example 1: Environmental Regulations
  The federal government, through agencies like the Environmental Protection Agency (EPA), sets national standards for air and water quality, regulates hazardous waste disposal, and oversees interstate pollution. However, individual states can establish their own environmental protection agencies and enact stricter regulations than the federal minimums for activities within their borders. For instance, California might have more stringent vehicle emission standards than those mandated federally, or a state might implement unique programs for protecting specific local ecosystems. This demonstrates federalism because both levels of government address environmental protection, but with different scopes and the ability for states to tailor rules to local needs.
• Example 2: Professional Licensing
  For many professions, such as doctors, lawyers, and teachers, there is no single federal license that allows an individual to practice anywhere in the country. Instead, each state's licensing board sets its own specific educational requirements, examination standards, and continuing education mandates. A lawyer licensed to practice in Texas, for example, must typically pass the bar exam and meet other criteria to be licensed in New York. This illustrates federalism as the power to regulate and license most professions is a reserved power of the states, allowing each state to control the qualifications of professionals operating within its jurisdiction.
• Example 3: Public Health Responses
  During a widespread public health crisis, such as a pandemic, federal agencies like the Centers for Disease Control and Prevention (CDC) provide national guidance, fund research, and coordinate vaccine distribution efforts. However, state governors and local health departments have significant authority to implement specific measures within their borders. This includes issuing mask mandates, setting capacity limits for businesses, closing schools, or establishing local quarantine protocols. This exemplifies federalism because while the federal government offers broad direction and resources, states and localities retain the power to enact and enforce specific public health policies tailored to their unique circumstances and populations.