When the national government takes over a state government function, it is called

Powers not granted to the Federal government are reserved for States and the people, which are divided between State and local governments.

Most Americans have more frequent contact with their State and local governments than with the Federal Government. Police departments, libraries, and schools—not to mention driver’s licenses and parking tickets—usually fall under the oversight of State and local governments. Each state has its own written constitution, and these documents are often far more elaborate than their Federal counterpart. The Alabama Constitution, for example, contains 310,296 words—more than 40 times as many as the U.S. Constitution.

All State governments are modeled after the Federal Government and consist of three branches: executive, legislative, and judicial. The U.S. Constitution mandates that all States uphold a “republican form” of government, although the three-branch structure is not required.

Executive Branch

In every state, the Executive Branch is headed by a governor who is directly elected by the people. In most states, other leaders in the executive branch are also directly elected, including the lieutenant governor, the attorney general, the secretary of state, and auditors and commissioners. States reserve the right to organize in any way, so they often vary greatly with regard to executive structure. 

Legislative Branch

All 50 States have legislatures made up of elected representatives, who consider matters brought forth by the governor or introduced by its members to create legislation that becomes law. The legislature also approves a State’s budget and initiates tax legislation and articles of impeachment. The latter is part of a system of checks and balances among the three branches of government that mirrors the Federal system and prevents any branch from abusing its power.

Except for one State, Nebraska, all States have a bicameral legislature made up of two chambers: a smaller upper house and a larger lower house. Together the two chambers make State laws and fulfill other governing responsibilities. (Nebraska is the lone state that has just one chamber in its legislature.) The smaller upper chamber is always called the Senate, and its members generally serve longer terms, usually four years. The larger lower chamber is most often called the House of Representatives, but some states call it the Assembly or the House of Delegates. Its members usually serve shorter terms, often two years.

Judicial Branch

State judicial branches are usually led by the State supreme court, which hears appeals from lower-level State courts. Court structures and judicial appointments/elections are determined either by legislation or the State constitution. The supreme court focuses on correcting errors made in lower courts and therefore holds no trials. Rulings made in State supreme courts are normally binding; however, when questions are raised regarding consistency with the U.S. Constitution, matters may be appealed directly to the United States Supreme Court.

Local governments generally include two tiers: counties, also known as boroughs in Alaska and parishes in Louisiana, and municipalities, or cities/towns. In some States, counties are divided into townships. Municipalities can be structured in many ways, as defined by State constitutions, and are called, variously, townships, villages, boroughs, cities, or towns. Various kinds of districts also provide functions in local government outside county or municipal boundaries, such as school districts or fire protection districts.

Municipal governments—those defined as cities, towns, boroughs (except in Alaska), villages, and townships—are generally organized around a population center and in most cases correspond to the geographical designations used by the United States Census Bureau for reporting of housing and population statistics. Municipalities vary greatly in size, from the millions of residents of New York City and Los Angeles to the few hundred people who live in Jenkins, Minnesota.

Municipalities generally take responsibility for parks and recreation services, police and fire departments, housing services, emergency medical services, municipal courts, transportation services (including public transportation), and public works (streets, sewers, snow removal, signage, and so forth).

Whereas the Federal Government and State governments share power in countless ways, a local government must be granted power by the State. In general, mayors, city councils, and other governing bodies are directly elected by the people.

The term federalism is often confusing. You would think that federalism involves a system where the federal government has more influence and power, but it’s just the opposite. Federalism actually describes a system of government where some powers belong to the national government, and some powers belong to the state government.

Federal systems must have at least two levels of government. As you know, America has a federal government that consists of the executive, legislative, and judicial branches (headquartered in Washington, DC). That’s one level. The other level comes from the 50 state governments, each with their own powers and sovereignty.

When was federalism adopted in the United States?

The Founding Fathers adopted federalism in response to the problems with America’s first system of government, the Articles of Confederation. If you think back to your high school history class, you may remember the 13 original states created the Articles of Confederation as the United States’ first form of government. Under this system, the states remained sovereign and independent, and a newly created Congress served as a last resort to resolve disputes.

But the articles had some weaknesses. The biggest problem was Congress wasn’t strong enough to enforce laws or raise taxes. These flaws prompted the Constitutional Convention of 1787. There, delegates from the 13 states drafted the Constitution to address the problems with the Articles of Confederation. The Constitution created a stronger central government to oversee national issues while keeping most power in the states. This is a federalist style of government—and America’s system—where power is shared between the state, local, and national governments.

What does federalism look like in America?

In the United States, the federal government has the power to regulate trade between states, declare war, manage the mail, and print money—among several other powers.

State governments have their own set of powers too. States generally oversee education, roads, drivers’ licenses, police departments, elections, and more. Notably, all power not granted to the federal government is reserved to the states and the people. The Founders intended the federal government’s powers to be limited. In The Federalist Papers, James Madison noted: “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.”

And then there are shared powers, also known as concurrent powers. Both the federal and state governments have the power to tax and establish courts, for example.

What are recent examples of federalism in action?

A healthy federalist system is one in which citizens are active, informed participants who hold government officials accountable and push back when they overstep their powers. The recent challenges to Governors Cuomo and Newsom’s actions are an example of individuals and organizations demanding accountability. An example of state governments pushing back against overreach by the federal government can be seen with the recent federal vaccine mandates. When OSHA and other federal agencies issued mandates which attempted to usurp states’ acknowledged authority over public health, states pushed back, filing lawsuits that have been upheld by federal courts.


When the national government takes over a state government function, it is called

When the national government takes over a state government function, it is called

When the national government takes over a state government function, it is called

When the national government takes over a state government function, it is called


Why did the founders create a federal system of government?

The American colonists fought the American Revolution because they wanted to break free from the tyrannical government led by England’s King George III. After winning the war in 1781, the new American citizens were very hesitant to create a powerful, centralized government. That’s why they created the Articles of Confederation. But the Articles were too weak and gave states too much power. Federalism was a compromise. It’s the idea that government authority rests in both the national and state governments. It’s why you are a citizen of both your state and the United States!

What are the benefits of federalism?

One benefit of federalism is it creates “laboratories of democracy” across the country. This means states are free to try different policies and see what works best for their populations. A good policy in Wyoming, for example, might not be the most effective policy for a bigger state such as California. Federalism allows states to adopt policies that best fit their needs.

Another benefit of federalism is it protects the American people from tyranny. Because power isn’t concentrated at one level—or within one branch of government—it’s difficult for one branch to take control of the others.

Do other countries have federalism?

Yes. Besides the United States, 30 other countries use federalist systems for their governments. These countries include India, Germany, Switzerland, Mexico, and Brazil.

There you have it. A very brief overview of what federalism is and how it works. If you’re interested in learning more about this form of government, these resources may interest you:

Federalism
Bill of Rights Institute

What is Federalism?
History on the Net

When the Founding Fathers Settled States’ vs. Federal Rights—And Saved the Nation
History Channel

What is Federalism?
US Law Essentials

Federalism is a Condition for Better States
American Enterprise Institute


How can Americans ensure federalism remains at the heart of our country’s government?

Too many decisions have been taken out of the hands of citizens and our elected representatives and left up to Washington, DC. The solution lies in reclaiming self-governance in our states and communities.

A new book, I, Citizen, offers concrete solutions for how our country can come together to reclaim local and state control from the political elites in Washington.


What is it called when the national and state government share power?

The Constitution made a stronger Federal Government. It gave power to both the Federal Government and the state governments. This system is called federalism.

What is the national government called?

National Government - the "United States Government" or the "Federal Government" State Governments - the United States is divided into 50 states, several territories, and the District of Columbia.

What does the national government guarantee to the state governments?

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

What is called federalism?

Federalism is a combined or compound mode of government that combines a general government (the central or "federal" government) with regional governments (provincial, state, cantonal, territorial, or other sub-unit governments) in a single political system, dividing the powers between the two.