What Is Federalism?

Federalism is the constitutional division of power between the national (federal) government and the individual states.

The U.S. Constitution outlines certain powers for the federal government (like printing money or declaring war), while all other powers are reserved for the states or the people—as guaranteed by the Tenth Amendment.

This division was designed to prevent tyranny by ensuring that no single level of government could dominate the entire system.

But when it comes to justice, federalism creates a profound tension:

Who is responsible for protecting our rights?

And what happens when levels of government disagree?

Justice by Geography: A Problem of Unequal Rights

Because of federalism, your rights and your access to justice may vary dramatically depending on:

• Where you live

• Which state court hears your case

• What local laws apply

For example:

• Some states allow the death penalty; others do not

• Some protect abortion rights; others ban them entirely

• Some expand voting access; others restrict it

This means justice in America can feel arbitrary, inconsistent, and even unconstitutional in effect—even if legal in form.

The Benefits of Federalism

Supporters argue federalism:

• Encourages innovation through state “experiments”

• Allows states to reflect local values and cultural diversity

• Provides checks and balances against federal overreach

• Gives citizens more access points for political participation

The Dangers of Federalism

But critics warn:

• States may deny civil rights that the federal government should guarantee

• Justice can become a postcode lottery

• States may resist federal rulings (e.g., school desegregation or marriage equality)

• Historically, states have used their powers to uphold racism, inequality, and segregation

Federalism has sometimes protected liberty—and sometimes delayed justice.

Who Holds the Final Word?

While the Supremacy Clause of the Constitution declares federal law the “supreme law of the land,” states often:

• Challenge federal mandates

• Sue the federal government

• Pass laws designed to undermine national rulings

In these moments, the Supreme Court becomes the final referee—but even it cannot always enforce its rulings without cooperation from states.

Thought Questions

• Should states have the power to limit or expand rights beyond the federal baseline?

• Does federalism protect liberty—or perpetuate inequality?

• Can justice be truly equal in a system of divided power?

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Lesson 8 – Civil Liberties vs. Civil Rights: What’s the Difference? Why Does It Matter?