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Bill of Rights Institute

Created on October 22, 2024

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Federalism Venn Diagram

Sort the powers. To reveal the answers, click on the checkmark and answer the question.

All other powers not specifically delegated
Establish courts
Conducts elections
Maintain roads and infrastructure
Maintains public facilities (parks, libraries)

Enumerated Powers

Reserved Powers

Manages sanitation (trash, sewage)
Sets weights and measures

Concurrent Powers

State
Selects electors for the Electoral College
Make laws
Prints money
Establishes and maintains public transportation
Issue license and certificates (drivers, professional)
Declares war
Maintains armed forces
Manages utilities (water, electricity)
Local
Collect taxes
Maintain national security
Establishes post offices
Ratifies proposed amendments
Maintains emergencies services (police, fire, EMT)
Promote the general welfare
Makes treaties and manages foreign policy

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Maintain public transportation

Big cities such as Chicago, New York City, and Washington DC rely on public transportation for daily commutes. Some city schools use public transportation in place of school buses. Public transportation not only saves time, cuts down on traffic and environmental concerns, and creates jobs, but it helps build a sense of community.

Selects electors

Like elections, selecting electors can vary from state to state. Political parties nominate or choose their electors, and then, on election day, the electors are chosen via ballot results. With the exceptions of Maine and Nebraska, states give all of their electoral votes to one presidential candidate. These electors in turn cast their votes for president in the Electoral College.

Oversees sanitation

Much like managing utilities, overseeing sanitation, such as sewage and trash removal, at the local level is efficient and timely.

Ensures national security

Implied powers, also known as those "necessary and proper" to carrying out delegated powers are much of the foundation for maintaining national security. Following the terror attacks of September 11, 2001, for example, Congress passed the USA PATRIOT Act in order to better protect national security. Article I, Section 8, Clause 18.

Prints money & coinage

States cannot print their own money nor decide how much money is worth. This helps with maintaining stability and consistency. The federal government has the powers related to money. This includes punishing counterfeiting, making it a more serious crime. Article I, Section 8, Clause 5.

Conducts elections

If pre-registration is required, the hours of the polls, and where or how people vote are decisions made by the states. These fall under the "times, places, and manner" of the Elections Clause of Article I, Section 4, Clause 1. While the federal government can specify a nationwide "Election Day" such as the first Tuesday after the first Monday, most election decisions are made by the states.

Regulate interstate trade and international commerce

Business, transportation, and trade between states and nations are managed by the national government. This includes a nationally consistent weight and measure system that maintains consistency, stability, and safety. For example, it ensures healthcare facilities utilize the same dosage system across sectors, retailers use upfront quantifying and pricing scales when selling products, and construction safety standards can be met consistently. Article I, Section 8, Clause 5

Regulated land usage

Zoning regulations help protect natural and historical resources as well as keep noise levels and traffic volume under control.

Declares war

While the president can direct the military, Congress is granted the sole power to declare war. With Founding concerns that an all-powerful executive would abuse powers and might pull the nation into unnecessary conflicts, this power was delegated to Congress in Article I, Section 8, Clause 11.

Collect taxes

Taxes are the government's way to raise revenue to provide for the common defense and promote the general welfare. These are responsibilities of local, state, and federal governments. Therefore, taxes exist in forms across all levels. From income to property to sales taxes, and more, taxes are famously certain. Article I, Section 8, Clause 1.

Manages utilities

Utiliites such as water are likely handled by a non-profit government agency at the local level. Your residence might be connected to the city or county, for example. Other utilities, such as electricity or internet, are more likely to be run through a company instead of a government agency. Utilities are normally provided by local facilities. A storm in a city a hundred miles away in not likely to affect your internet connection, and contaminated water does not typically spread to multiple cities.

Maintain public education

While graduation requirements and athletic eligibility can vary by state regulation and local school district rules, the national government also dictates educational guidelines. These can include mandates for protecting student welfare, maintaining privacy, and providing food programs. States decide on testing protocols, hours spent in school, teaching licensing standards, and course requirements. Local districts make decisions about class offerings, positions and staffing, calamity days, and extracurriculars.

Treaties and foreign policy

As an example of checks and balances, the president can, with advice and approval from the Senate, make treaties and appoint ambassadors. The handling of such international affairs is delegated to the federal government in Article 2, Section 2, Clause 2.

Conducts elections

Licenses, permits, and certificates can include career and job-specific, recreational and lifestyle, and task-based requirements. For example, each state can set its own rules regarding the requirements to get a driving or hunting license. Birth, marriage, and death certificates are also examples that vary by state. Teachers, electricians, and cosmetologists are examples of careers with different license conditions in various states.

Maintains local departments

Police, fire, and emergency responders are local departments maintained by the city or counties. These are funded by taxes, fees and fines, grants, and private donations. Responding to and proactively preventing criminal, civil, and medical emergencies are the tasks of these local departments.

Establishes post offices

A federally consistent mode and system of communication was important for a large (and continually growing) nation. A national post office system generated revenue, fostered unity, and helped to maintain efficient interstate correspondence for personal and professional needs. Article I, Section 8, Clause 7.

Establishes and maintains public facitilities

Many libraries, parks, and recreation facilities like ball fields and basketball courts are maintained by local governments. You might have played sports, gone to story time, or were pushed on a swing on one of these locally run facilities.

Maintains emergency systems

Identifying hospitals as specific-level trauma centers, notifying citizens of health emergencies, and maintaining a system of board certification for emergency responders are some things state emergency management systems do.

Ratifies amendments

Once two-thirds of both the House and Senate or state conventions have proposed an amendment, three-fourths of states must ratify or approve the amendment. The amendment process is spelled out in Article V of the Constitution.

Establish courts

Courts are necessary for many reasons including resolving disputes, interpreting law, and ensuring justice. The Constitution specifies a Supreme Court and gives Congress the power to establish other courts. There are courts at the state and federal levels. Civil courts handle cases such as custody or contract disputes while criminal courts handle issues such as assault and drug-related crimes. Article III, Section 1.

Ensures safe driving

The Tenth Amendment grants powers not delegated to the federal government to the states, such as driver's licenses. Licensing the driver of a car would not have been on the mind of the Founders, but they knew there would be advancements they could not predict. State powers such as these ensure a common purpose within an area while allowing for efficiency and reciprocity. Ohio can have its own rules for issuing a license while trusting drivers from Kentucky to drive across state lines. State police forces also ensure safe driving by enforcing traffic laws on state highways.

Maintain roads and infrastructure

Imagine not having neighborhood streets or sidewalks or a country without highways. Think about rivers with no bridges or flipping light switches and turning on faucets to have nothing happen. Remove communication systems and airports from recreation and business. That is a nation without a strong infrastructure. The Commerce Clause of Article I, Section 8, Clause 3 helps support the federal government's role in these systems and state/local governments maintain the smaller systems.