How does federalism divide power between the national and state governments?
Explain federalism as the division of power between the national and state governments, including delegated, reserved, and concurrent powers, the Supremacy Clause, and how power is shared (Ohio AG content statement 5: Basic Principles of the US Constitution, federalism focus).
An Ohio American Government EOC answer on federalism: delegated, reserved, and concurrent powers, the Tenth Amendment and the Supremacy Clause, and how the national and state governments share power, with worked EOC-style questions.
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What this topic is asking
Federalism is one of the six basic principles, and the EOC tests it often, partly because Ohio's own government is an example of it. This standard asks you to explain how the Constitution divides power between the national and state governments: which powers belong to each, which they share, and what happens when their laws conflict. Expect a chart of powers or a scenario and a question about which level holds a power or which law wins.
The three types of powers
The Tenth Amendment is the anchor for reserved powers: it says that powers not given to the national government, and not denied to the states, are kept by the states or the people. That is why so much day-to-day government (schools, licenses, local police) is run by states and localities (see Ohio state government).
The Supremacy Clause
This rule keeps federalism workable: without it, conflicts between the levels would have no clear answer. It is also why a state constitution, including the Ohio Constitution, may never contradict the US Constitution (see the Ohio Constitution).
Why federalism matters
Federalism lets the country be governed at two levels: the national government handles matters that affect everyone (defense, money, interstate trade), while the states handle matters closer to home (schools, roads, local safety). It also creates shared responsibilities, which is why both the federal and Ohio governments tax, build roads, and run courts.
Try this
Q1. Give one example each of a delegated, a reserved, and a concurrent power. [3]
- Cue. Delegated: coin money or declare war. Reserved: run schools or issue driver's licenses. Concurrent: tax or build roads.
Q2. Explain what the Supremacy Clause does when a state law conflicts with a valid federal law. [2]
- Cue. The federal law prevails and the state law is struck down, because the Constitution and valid federal laws are the supreme law of the land.
Exam-style practice questions
Practice questions written in the style of ODEW exam questions on this dot point, with worked answer explainers. The year tag is the paper they imitate, not the source.
Ohio Am. Government EOC1 marksThe power to coin money belongs only to the national government, while the power to issue driver's licenses belongs to the states. The power to tax belongs to both. The power to tax is BEST described asShow worked answer →
A single-select item assessing types of powers under federalism (content statement 5).
Correct answer: a concurrent power.
Credit is given for recognizing that a power held by both the national and state governments is a concurrent power. Coining money is a delegated (national) power; issuing driver's licenses is a reserved (state) power. The trap is mislabeling the shared power as delegated or reserved when it belongs to both.
Ohio Am. Government EOC2 marksUsing the source, explain what happens when a state law conflicts with a valid federal law, and why.Show worked answer →
A short constructed-response style item assessing the Supremacy Clause (content statement 5).
A complete answer states the rule and the reason. Sample: "When a state law conflicts with a valid federal law, the federal law wins and the state law is struck down. This is because of the Supremacy Clause in Article VI of the Constitution, which makes the Constitution and valid federal laws the supreme law of the land. States may pass their own laws on many matters, but they may not contradict the Constitution or a valid federal law. This rule keeps the system of federalism workable by settling conflicts between the levels of government." Credit is given for stating that the federal law prevails and naming the Supremacy Clause as the reason.
Related dot points
- Explain that, as the supreme law of the land, the US Constitution incorporates basic principles that define the United States as a federal republic, including popular sovereignty, limited government, separation of powers, checks and balances, federalism, and the rule of law (Ohio AG content statement 5: Basic Principles of the US Constitution).
An Ohio American Government EOC answer on the basic principles of the US Constitution: popular sovereignty, limited government, separation of powers, checks and balances, federalism, and the rule of law, and how they define the United States as a federal republic, with worked EOC-style questions.
- Describe the structure and functions of Ohio's state government, including the bicameral General Assembly, the governor and statewide officials, and the Ohio Supreme Court, and the responsibility to assist state and local government (Ohio AG content statements 19 and 20).
An Ohio American Government EOC answer on Ohio's state government: the bicameral General Assembly (99-member House, 33-member Senate), the governor and statewide elected officials, and the seven-justice Ohio Supreme Court, with worked EOC-style questions.
- Describe the forms of local government in Ohio (counties, townships, and municipalities) and explain home rule under the Ohio Constitution, and the responsibility to assist local government (Ohio AG content statements 19 and 20).
An Ohio American Government EOC answer on Ohio local government: the 88 counties run by commissioners, townships governed by trustees, and municipalities, plus home rule under Article XVIII of the Ohio Constitution, with worked EOC-style questions.
- Explain the structure and key features of the Ohio Constitution, including its history and tools of direct democracy, and compare it with the US Constitution (Ohio AG content statement 19: Ohio's State and Local Governments).
An Ohio American Government EOC answer on the Ohio Constitution: its 1802 and 1851 history, its structure and bill of rights, the tools of initiative and referendum, and how it compares with the US Constitution, with worked EOC-style questions.
- Describe the structure and powers of the legislative branch (Congress), including the bicameral House and Senate, the differences between them, and the powers granted in Article I (Ohio AG content statement 12: Structure and Functions of the Federal Government).
An Ohio American Government EOC answer on the legislative branch: the bicameral Congress, the House and the Senate and how they differ, and the powers granted to Congress in Article I, with worked EOC-style questions.
Sources & how we know this
- Ohio's Learning Standards for Social Studies (American Government) — Ohio Department of Education and Workforce (2018)
- Constitution of the United States: A Transcription — US National Archives (1787)