Separation of powers splits power across the branches. Federalism splits it between levels: a national government and the states, each with its own constitution, officials and laws, both governing the same people. A unitary system (such as France or the United Kingdom) keeps sovereignty at the center; a confederation (like the Articles of Confederation) keeps it in the states; a federal system divides it.
| Kind of power | Held by | Examples |
|---|---|---|
| Enumerated (delegated) | the national government | coin money, declare war, make treaties, regulate interstate and foreign commerce, run the post office |
| Implied | the national government | means "necessary and proper" to carry out the enumerated powers (a national bank, federal agencies) |
| Reserved | the states (or the people) | run elections, set up schools and local governments, license professions, most criminal and family law (the "police power" over health, safety and welfare) |
| Concurrent | both | tax, borrow, set up courts, make and enforce laws, charter banks |
| Denied | one or both | no state may coin money or make treaties; neither may pass ex post facto laws |
Why it works
The founders wanted a national government strong enough to fix the Articles' failures without swallowing the states. Madison promised in Federalist No. 45: "The powers delegated by the proposed Constitution to the federal government, are few and defined. Those which are to remain in the State governments are numerous and indefinite." In Federalist No. 39 he called the plan "neither a national nor a federal Constitution, but a composition of both." The Federal Farmer doubted it, warning that the plan aimed at "one consolidated government." Where to draw the line has been argued ever since. Scholars describe dual federalism ("layer cake": separate spheres, the main view until the 1930s) and cooperative federalism ("marble cake": the levels working together on shared programs).
Key idea
Federalism divides power between levels: the nation has enumerated (and implied) powers; the Tenth Amendment reserves the rest to the states or the people; both share concurrent powers such as taxing, borrowing and making courts.
Worked example: Classify the power
Issuing driver's licenses; declaring war; collecting an income tax. National, state or both?
- Driver's licenses are not delegated to the nation: a reserved state power.
- Declaring war is enumerated in Article I, Section 8: national.
- Both the nation and most states tax income: concurrent.
Answer: State (reserved); national (enumerated); both (concurrent).
Worked example: Federalism or separation of powers?
The Senate rejects a treaty the President signed. Is that federalism or separation of powers?
- Both actors are parts of the national government.
- A dispute within one level, between branches, is separation of powers (here, a check).
Answer: Separation of powers.
Common mistake
Mixing up federalism with separation of powers. Federalism is vertical (nation and states); separation of powers is horizontal (Congress, President, courts at one level). Check: if a state and the nation are involved, it is federalism.