Dual federalism
Encyclopedia
Dual federalism, a legal theory which has prevailed in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 since 1787, is the belief that the United States consists of two separate and co-sovereign
Sovereign
A sovereign is the supreme lawmaking authority within its jurisdiction.Sovereign may also refer to:*Monarch, the sovereign of a monarchy*Sovereign Bank, banking institution in the United States*Sovereign...

 branches of government. This form of government works on the principle that the national and state governments are split into their own spheres, and each is supreme within its respective sphere. Specifically, dual federalism
Federalism
Federalism is a political concept in which a group of members are bound together by covenant with a governing representative head. The term "federalism" is also used to describe a system of the government in which sovereignty is constitutionally divided between a central governing authority and...

 discusses the relationship between the national government and the states' governments. According to this theory, there are certain limits placed on the federal government. These limits are:
  1. National government rules by enumerated powers
    Enumerated powers
    The enumerated powers are a list of items found in Article I, section 8 of the US Constitution that set forth the authoritative capacity of the United States Congress. In summary, Congress may exercise the powers that the Constitution grants it, subject to explicit restrictions in the Bill of...

     only.
  2. National government has a limited set of constitutional purposes.
  3. Each governmental unit—state and federal—is sovereign within its sphere of operations.
  4. Relationship between nation and states is best summed up as tension rather than cooperation.

See also

  • Anti-Federalism
    Anti-Federalism
    Anti-Federalism refers to a movement that opposed the creation of a stronger U.S. federal government and which later opposed the ratification of the Constitution of 1787. The previous constitution, called the Articles of Confederation, gave state governments more authority...

  • Cooperative federalism
    Cooperative Federalism
    Cooperative federalism is a concept of federalism in which national, state, and local governments interact cooperatively and collectively to solve common problems, rather than making policies separately but more or less equally or clashing over a policy in a system dominated by the national...

  • Federalism
    Federalism
    Federalism is a political concept in which a group of members are bound together by covenant with a governing representative head. The term "federalism" is also used to describe a system of the government in which sovereignty is constitutionally divided between a central governing authority and...

  • Federalism in the United States
  • Layer cake federalism
    Layer cake federalism
    Layer cake federalism is the relationship between the central government of a nation and that of its states, where the powers and policy assignments of the government hierarchy are clearly spelled out and distinct from one another...


External links

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