- Entertainment & Pop Culture
- Geography & Travel
- Health & Medicine
- Lifestyles & Social Issues
- Literature
- Philosophy & Religion
- Politics, Law & Government
- Science
- Sports & Recreation
- Technology
- Visual Arts
- World History
- On This Day in History
- Quizzes
- Podcasts
- Dictionary
- Biographies
- Summaries
- Top Questions
- Week In Review
- Infographics
- Demystified
- Lists
- #WTFact
- Companions
- Image Galleries
- Spotlight
- The Forum
- One Good Fact
- Entertainment & Pop Culture
- Geography & Travel
- Health & Medicine
- Lifestyles & Social Issues
- Literature
- Philosophy & Religion
- Politics, Law & Government
- Science
- Sports & Recreation
- Technology
- Visual Arts
- World History
- Britannica Classics
Check out these retro videos from Encyclopedia Britannica’s archives. - Britannica Explains
In these videos, Britannica explains a variety of topics and answers frequently asked questions. - Demystified Videos
In Demystified, Britannica has all the answers to your burning questions. - #WTFact Videos
In #WTFact Britannica shares some of the most bizarre facts we can find. - This Time in History
In these videos, find out what happened this month (or any month!) in history.
- Student Portal
Britannica is the ultimate student resource for key school subjects like history, government, literature, and more. - COVID-19 Portal
While this global health crisis continues to evolve, it can be useful to look to past pandemics to better understand how to respond today. - 100 Women
Britannica celebrates the centennial of the Nineteenth Amendment, highlighting suffragists and history-making politicians. - Britannica Beyond
We’ve created a new place where questions are at the center of learning. Go ahead. Ask. We won’t mind. - Saving
Earth
Britannica Presents Earth’s To-Do List for the 21st Century. Learn about the major environmental problems facing our planet and what can be done about them! - SpaceNext50
Britannica presents SpaceNext50, From the race to the Moon to space stewardship, we explore a wide range of subjects that feed our curiosity about space!
Watch, Listen To Jan. 6 Committee Hearing
Watch and/or listen to a livestream of the Jan. 6 Committee hearing. The hearing begins at about 12 p.m. Watch | Listen
In this Friday, March 27, 2020 photo provided by Office of Governor Andrew M. Cuomo Gov. Andrew Cuomo, briefs the media inside a nearly completed makeshift hospital at the Jacob Javits Convention Center in New York. Darren McGee/Office of Governor Andrew M. Cuomo via AP
Air Date:
- Friday, April 3, 2020, 4:30pm
- Friday, April 3, 2020, 6:30pm
States are largely taking their own actions in the fight against coronavirus, and some say that shows the flaws in the American system of federalism. We hear a perspective on some of the system's strengths and weaknesses during a global pandemic.
Wisconsin Public Radio, © Copyright 2022, Board of Regents of the University of Wisconsin System and Wisconsin Educational Communications Board.Commenting Policy
Wisconsin Public Radio and WPR.org welcome civil, on-topic comments and opinions that advance the discussion from all perspectives of an issue. Comments containing outside links (URLs) will only be posted after they’ve been approved by a moderator. WPR.org will delete comments that violate our guidelines. Visit our social media guidelines for more information about these policies.
In the United States, the government operates under a principle called federalism. Two separate governments, federal and state, regulate citizens.
The federal government has limited power over all fifty states. State governments have the power to regulate within their state boundaries. State powers are also limited in the sense that states cannot make laws that conflict with the laws of the federal government.
Federalism
A system of government in which the people are regulated by both federal and state governments.
Powers of the Federal Government
The power of the federal government to regulate and make laws is limited by the U.S. Constitution, which grants express and implied powers to regulate. Express powers are granted to the U.S. Congress in Article I, Section 8 of the Constitution, which gives Congress the right to regulate such matters as the coining of money, the post office, and the military.
Along with the express powers, the federal government also has the power to make all laws that are necessary and proper for executing any of the stated powers. When Congress makes laws under this provision, it is using its implied powers. Implied powers must be related to one of the express powers.
Matters that are not within the express or implied powers of the federal government are generally left to the states to regulate. The Tenth Amendment to the U.S. Constitution provides, “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.”
Express powers
Powers given to Congress that are spelled out in the Constitution.
Implied powers
The power that Congress has to regulate that is derived from the express powers.
As a practical matter, however, the power of the federal government to pass laws and to regulate is extensive. One reason for this is that the Supreme Court has given a broad interpretation to the Commerce Clause. This clause gives the federal government the right to regulate interstate commerce. In the past, the Court has liberally interpreted this power. For example, Congress used this section to justify numerous laws, including civil rights legislation.
Powers of the State Government
States have very broad powers to make laws that apply within the state boundaries. States are said to have general police powers. This means that states can make laws that provide for the general health, welfare, and safety of its citizens. However, they cannot make laws that conflict with federal laws. Nor can states enact any laws in areas that are preempted by the federal government.
Preemption means that the federal government has the exclusive right to regulate a particular subject area.
Some subject areas that cannot be regulated by states are set out in Article I, Section 10 of the Constitution and include such activities as entering into treaties, coining money, and passing ex-post facto laws.
Ex post facto laws make a person criminally responsible for an act that was committed before the act was made a crime.
Areas commonly regulated by states include criminal conduct, contractual relationships, civil tort liability, and forms of business such as partnerships and corporations.
Preemption
A doctrine referring to the right of the federal government to be the exclusive lawmaker in certain areas.
Police powers
The authority of states to make laws that provide for the general health, welfare, and safety of its citizens.
Ex Post Facto
“After the fact”; refers to laws that impose criminal responsibility for acts that were not crimes at the time the acts occurred.