What are examples of federalism in the U.S. Constitution?

0:06It's not as straightforward as you might think. This is probably the one idea in the Federal Constitution that could have been patented. Many of the ideas in the United States Constitution come from the earlier state constitutions, but the idea of splitting the atom of sovereignty is unique, at least initially to the Federal Constitution. I would say you see it in two main places. The first theme of the Federal Constitution is the national government does not have power unless the Constitution explicitly grants that power. Article 1 of the U.S. Constitution is what creates the legislative power, vest it in the two houses of Congress, and it spells out exactly what Congress can and cannot do. The second area where you might say federalism shows up is the 10th Amendment, which confirms the lesson. It says that if the national government doesn't have the power, then it's a power that resides in the states.

1:07This is a significant contrast with the state Constitutions, where the assumption was all power is there unless it's limited. The key way in which you see federalism manifested in the U.S. Constitution is the reality that the national government doesn't have a power unless it's explicitly given.