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Simple English definitions for legal terms
federalism
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A quick definition of federalism:
Federalism: Federalism is a type of government where there are two levels of government that control the same area. The national government is in charge of big things like the military and foreign policy, while the smaller governments like states and cities take care of local issues like schools and roads. Both levels of government can make laws, but the national government has more power. In the United States, the Constitution says that the national government is more important than the state governments. However, the states still have some power to make their own laws. This is called "dual sovereignty." Some powers are only for the national government, some are only for the states, and some are shared by both.
A more thorough explanation:
Overview: Federalism is a system of government where two levels of government control the same territory. The national government is responsible for governing larger areas, while smaller subdivisions like states and cities govern local issues. Both levels of government have the power to make laws and have some level of independence from each other.
Examples: In the United States, the Constitution established a system of "dual sovereignty" where states surrendered some powers to the federal government but retained some sovereignty. The Supremacy Clause in Article VI of the Constitution states that federal laws and treaties are the supreme law of the land, meaning they override state laws when there is a conflict. Article I, Section 8 of the Constitution lists specific powers belonging to the federal government, while the Tenth Amendment reserves powers to the states, such as creating school systems and managing local government. Concurrent powers, like the power to tax and build roads, are shared by both levels of government.
Explanation: Federalism allows for a balance of power between the national government and smaller subdivisions, giving each level of government some autonomy while still working together to govern the same territory. The examples illustrate how the Constitution outlines the powers and responsibilities of each level of government and how they interact with each other. For example, the Supremacy Clause ensures that federal laws take precedence over state laws in cases of conflict, while the Tenth Amendment reserves certain powers to the states.