Powers Shared by Both State and Federal Governments

Oct 13, 2025 by wbrum.org 16 views

The Evolution of Federalism: Understanding the Modern Trend and Shared Powers

Federalism is a system of government in which power is divided between a central authority and constituent political units, such as states or provinces. In the United States, federalism is a cornerstone of the country's constitutional framework, with power divided between the federal government and the individual states. However, over time, the balance of power has shifted, and the modern trend in federalism has seen more power being given back to the states. In this article, we will explore this trend, as well as the powers shared by both state and federal governments, and those assumed by the government that are not specifically listed in the Constitution.

In recent years, there has been a growing trend towards decentralization in the United States, with more power being given back to the states. This trend is driven by a number of factors, including the desire to reduce the size and scope of the federal government, as well as to give states more flexibility to address the unique needs of their citizens.

One of the key drivers of this trend is the concept of states' rights. This idea holds that the states have the authority to govern themselves and make decisions that are in the best interests of their citizens, without interference from the federal government. This concept is enshrined in the Tenth Amendment to the Constitution, which states that any powers not delegated to the federal government are reserved to the states or the people.

Examples of States' Rights

There are a number of examples of states' rights in action. For instance, in 2010, Arizona passed a law that required law enforcement officials to verify the immigration status of individuals they stopped or arrested. This law was challenged by the federal government, but the Supreme Court ultimately upheld it, ruling that it was within the state's authority to regulate immigration.

Another example is the medical marijuana laws that have been passed in a number of states. These laws allow individuals to use marijuana for medicinal purposes, despite the fact that it is still a controlled substance under federal law. The federal government has taken the position that these laws are unconstitutional, but the states have argued that they have the authority to regulate the use of marijuana within their borders.

Powers Shared by Both State and Federal Governments

In addition to the powers assumed by the federal government, there are also a number of powers that are shared by both state and federal governments. These powers include:

Regulation of commerce: Both the federal government and the states have the authority to regulate commerce within their borders.
Taxation: Both the federal government and the states have the authority to tax their citizens.
Law enforcement: Both the federal government and the states have the authority to enforce laws within their borders.
Education: Both the federal government and the states have the authority to regulate education within their borders.

Examples of Shared Powers

There are a number of examples of shared powers in action. For instance, in 2010, the federal government passed the Patient Protection and Affordable Care Act, which required states to establish health insurance exchanges. However, the states were also given the authority to regulate the insurance industry within their borders.

Another example is the National Guard, which is a joint force of the federal government and the states. The National Guard is responsible for providing support to the federal government in times of war or national emergency, but it is also responsible for providing support to the states in times of natural disaster or civil unrest.

Powers Assumed by the Government

In addition to the powers assumed by the federal government and the powers shared by both state and federal governments, there are also a number of powers that are assumed by the government that are not specifically listed in the Constitution. These powers include:

Implied powers: The federal government has the authority to exercise powers that are not specifically listed in the Constitution, but that are necessary to carry out its constitutional duties.
Inherent powers: The federal government has the authority to exercise powers that are not specifically listed in the Constitution, but that are necessary to protect the country and its citizens.
Emergency powers: The federal government has the authority to exercise powers that are not specifically listed in the Constitution, but that are necessary to respond to emergencies or national crises.

Examples of Assumed Powers

There are a number of examples of assumed powers in action. For instance, in 2001, the federal government passed the USA PATRIOT Act, which gave the government the authority to conduct surveillance on individuals and organizations suspected of terrorism. This law was challenged by civil liberties groups, but the Supreme Court ultimately upheld it, ruling that it was within the government's authority to regulate national security.

Another example is the War on Terror, which was launched by the federal government in response to the 9/11 attacks. The government has used a number of powers, including the power to detain individuals without trial and the power to conduct surveillance on individuals and organizations suspected of terrorism.

In conclusion, the modern trend in federalism has seen more power being given back to the states. This trend is driven by a number of factors, including the desire to reduce the size and scope of the federal government, as well as to give states more flexibility to address the unique needs of their citizens. The powers shared by both state and federal governments, as well as the powers assumed by the government that are not specifically listed in the Constitution, are also an important part of the federal system.

The Constitution of the United States: Article I, Section 8; Article IV, Section 3; Amendment X.
The Tenth Amendment: "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 Patient Protection and Affordable Care Act: Section 1311.
The National Guard: 32 U.S.C. § 101.
The USA PATRIOT Act: Section 215.
The War on Terror: 50 U.S.C. § 1541.
Federalism 101: A Q&A Guide

Federalism is a complex and multifaceted system of government, and it can be difficult to understand the intricacies of the federal system. In this article, we will answer some of the most frequently asked questions about federalism, including the modern trend in federalism, powers shared by both state and federal governments, and powers assumed by the government that are not specifically listed in the Constitution.

Q: What is federalism?

A: Federalism is a system of government in which power is divided between a central authority and constituent political units, such as states or provinces. In the United States, federalism is a cornerstone of the country's constitutional framework, with power divided between the federal government and the individual states.

Q: What is the modern trend in federalism?

A: The modern trend in federalism has seen more power being given back to the states. This trend is driven by a number of factors, including the desire to reduce the size and scope of the federal government, as well as to give states more flexibility to address the unique needs of their citizens.

Q: What are powers shared by both state and federal governments?

A: Powers shared by both state and federal governments include:

Regulation of commerce: Both the federal government and the states have the authority to regulate commerce within their borders.
Taxation: Both the federal government and the states have the authority to tax their citizens.
Law enforcement: Both the federal government and the states have the authority to enforce laws within their borders.
Education: Both the federal government and the states have the authority to regulate education within their borders.

Q: What are powers assumed by the government that are not specifically listed in the Constitution?

A: Powers assumed by the government that are not specifically listed in the Constitution include:

Implied powers: The federal government has the authority to exercise powers that are not specifically listed in the Constitution, but that are necessary to carry out its constitutional duties.
Inherent powers: The federal government has the authority to exercise powers that are not specifically listed in the Constitution, but that are necessary to protect the country and its citizens.
Emergency powers: The federal government has the authority to exercise powers that are not specifically listed in the Constitution, but that are necessary to respond to emergencies or national crises.

Q: What is the difference between implied powers and inherent powers?

A: Implied powers are powers that are not specifically listed in the Constitution, but that are necessary to carry out the government's constitutional duties. Inherent powers, on the other hand, are powers that are not specifically listed in the Constitution, but that are necessary to protect the country and its citizens.

Q: What is the War on Terror and how does it relate to federalism?

A: The War on Terror is a global military campaign launched by the federal government in response to the 9/11 attacks. The War on Terror has raised a number of questions about the balance of power between the federal government and the states, as well as the limits of federal authority.

Q: What is the National Guard and how does it relate to federalism?

A: The National Guard is a joint force of the federal government and the states. The National Guard is responsible for providing support to the federal government in times of war or national emergency, but it is also responsible for providing support to the states in times of natural disaster or civil unrest.

Q: What is the Patient Protection and Affordable Care Act and how does it relate to federalism?

A: The Patient Protection and Affordable Care Act is a federal law that requires states to establish health insurance exchanges. The law has raised a number of questions about the balance of power between the federal government and the states, as well as the limits of federal authority.

Q: What is the USA PATRIOT Act and how does it relate to federalism?

A: The USA PATRIOT Act is a federal law that gives the government the authority to conduct surveillance on individuals and organizations suspected of terrorism. The law has raised a number of questions about the balance of power between the federal government and the states, as well as the limits of federal authority.

Federalism is a complex and multifaceted system of government, and it can be difficult to understand the intricacies of the federal system. We hope that this Q&A guide has provided some clarity on the modern trend in federalism, powers shared by both state and federal governments, and powers assumed by the government that are not specifically listed in the Constitution.