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Federalism isn’t an easy concept to grasp. One way to better understand the concept is to consider the following scenarios. First, let’s say Congress passed a law that says anyone could obtain a divorce by mail. If that were to happen, there would be an outcry from the states because Congress has no right to pass divorce laws. Divorce law is a state matter, not a federal one.
Examples of Federalism
Now let’s consider this: What would happen if the State of Florida declared war on Cuba? Declaring war is a federal power, not a state one. Again, this is a clear example of federalism. Different levels of government surround us. Each has its own powers and responsibilities. Federalism is about determining what these powers are and then respecting them.
Federal and State Power
But sometimes it’s not so clear cut. It gets complicated when issues can be subject to both federal and state power. For example, Congress passes a law that says alimony payments are deductible. We know divorce law is a state matter, yet the federal government has the power to write federal tax laws on the consequences of divorce, such as alimony. Whenever a level of government is involved, its three branches—legislative, executive, and judicial—can also become involved.
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Add Local Powers to the Mix
It can become even more complex when local governments enter the picture. For example, a city police officer charges the police department with discrimination contrary to its promotion policy. The city government is involved in the case because it may have passed laws on hiring and promoting city police officers.
The mayor’s office enforces these laws through the chief of police, whom the mayor appointed State. The state government may also be involved. That’s because the state legislature may have passed laws that require local governments to create agencies to hear employee discrimination complaints. The governor’s office enforces these laws through the State Department of Civil Rights.
The governor appoints that department’s head Federal. The federal government may become involved if Congress has passed revenue share laws that make federal money available for police department upgrading and training. A division within the U.S. Department of Justice may administer these laws. The president of the United States appoints that department’s head. So you can see, all three government levels could be involved in the police officer’s discrimination charge.
Judicial Branch
The judicial branch might also be involved at each level, because the police officer may be able to sue in the state and federal courts—as well as the local court, if one exists. Again, the term federalism refers to this relationship among all government levels and branches.
