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How is Federalism enshrined in the Constitution?

Federalism is the idea that there are two separate forms of government, one on a national level and one for each individual state with the power of governance divided between them. The ‘founding fathers’ wanted to ensure that this system continued in the US and that neither sector became much more powerful than the other. They wanted to create a system in which the rights of the individual states were protected but the central government was strong enough to bring the country together in order to function as a whole.

To do this federalism has been enshrined into the US constitution, even though it does not mention the word in the constitution, largely due to the 10th amendment. This amendment gives all powers which have not been mentioned as powers of the central, national government mainly in Article 1 of the Constitution, referred to as the enumerated powers, to the individual states. This is a key part of federalism as the states themselves are able to make laws for their population rather than have to follow those set out by the national government. The Supreme Court is an important factor of federalism in the US as it rules on what states do and do not have power over.

Alongside the powers that the states gain from the 10th amendment there are also some powers that the state legislatures share with the national government, called the concurrent powers, as both forms of government are able to use them. An example of this is the states’ ability to tax its own population on top of the tax that the people are already paying to the central government.

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Another way in which federalism is enshrined in the US Constitution is that while Congress can propose amendments to the Constitution, the amendments cannot be passed unless ¾ of the state legislatures consent and ratify the amendment. This shows federalism as it highlights the two separate layers of government, Congress on the national scale and the state legislatures on the state level. This method also protects federalism as it means that the central government cannot become too powerful, as it is not able to remove the powers of the states from the constitution without the states’ consent, which is unlikely ...

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