In 1776, the Continental Congress appointed a committee to create a plan
for a central government. The committee quickly wrote the Articles of Confederation, which created a loose alliance of the states. While the Articles were drafted quickly, ratification of them was delayed until 1781. The primary sticking point concerned disagreements about how to deal with the western lands claimed by several states. The states without such claims argued that the western lands should be owned by the national government. The states with land claims were reluctant to give up their
claims. When Virginia finally gave up most of its claims to western lands, the Articles of Confederation were adopted. The Articles of Confederation created a union of sovereign states. An assembly of delegates acted on behalf of the states they represented. Because the smaller states feared the domination of the larger ones, each state had one vote in the Confederation Congress, regardless of its size or population. Any act of Congress required the votes of nine of the thirteen states to
pass. Congress claimed the following powers: to make war and peace; conduct foreign affairs; request men and money from the states; coin and borrow money; regulate Indian affairs; and settle disputes among the states. Enforcing laws, regulating commerce, administering justice, and levying taxes were powers reserved to the states. Representatives were forbidden to serve in Congress more than three years to avoid formation of a political elite. Even with these limits on its powers, the
Confederation Congress achieved some remarkable successes during its short life. Some of these successes can be seen in the documents linked on the right. For additional documents related to these topics, search LOC.gov using such key words as confederation, Confederation Congress, Articles of Confederation, Land Ordinance of 1785, Northwest Ordinance of 1787, Treaty of Paris
[1783], and the terms found in the documents.
Documents
- Resolutions Concerning Foreign Commerce
- A Committee Reports on Import Duties
- Resolution Concerning Restitution of Property
- Full Representation in Congress
- Commissioners Authorized to Form Treaties with Indian Tribes
- Disposing of Lands in the Western Territory
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Overview
Federalism is a system of government in which the same territory is controlled by two levels of government. Generally, an overarching national government is responsible for broader governance of larger territorial areas, while the smaller subdivisions, states, and cities govern the issues of local concern.
Both the national government and the smaller political subdivisions have the power to make laws and both have a certain level of autonomy from each other.
United States
In the United States, the Constitution has established a system of “dual sovereignty,” under which the States have surrendered many of their powers to the Federal Government, but also retained some sovereignty. Examples of this dual sovereignty are described in the U.S. Constitution.
Supremacy Clause
Article VI of the U.S. Constitution contains the Supremacy Clause, which reads, "This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding." This effectively means that when the laws of the federal government are in conflict with the laws of a state's government, the federal law will supersede the state law.
Article I, Section 8
Article I, Section 8 of the Constitution describes specific powers which belong to the federal government. These powers are referred to as enumerated powers.
Tenth Amendment
The Tenth Amendment reserves powers to the states, as long as those powers are not delegated to the federal government. Among other powers, this includes creating school systems, overseeing state courts, creating public safety systems, managing business and trade within the state, and managing local government. These powers are referred to as reserved powers.
Concurrent Powers
Concurrent powers refers to powers which are shared by both the federal government and state governments. This includes the power to tax, build roads, and create lower courts.
Further Reading
For more on federalism, see this Florida State University Law Review article, this Vanderbilt Law Review article, and this Stanford Law Review article.