Dual federalism

Dual federalism, also referred to as divided sovereignty, is a political arrangement in which power is divided between the federal and state governments in clearly defined terms, with state governments exercising those powers accorded to them without interference from the federal government. Dual federalism is defined in contrast to cooperative federalism, in which federal and state governments collaborate on policy. Dual and cooperative federalism are also known as 'layer cake' and 'marble cake' federalism, respectively, due to the distinct layers of layer cake and the more muddled appearance of marble cake.

The system of dual/joint federalism in the United States is a product of the backlash against the Articles of Confederation, ratified in 1781, which established a very weak federal government with the powers to declare war, make treaties, and maintain an army. Fueled by Shays' Rebellion and an economy faltering under the inability of the federal government to pay the debt from the American Revolution, a group later known as the Federalists generated support for a strong central government and called for a Constitutional Convention in 1787 to reconsider the Articles.

In 1787, the Convention almost immediately dropped its original purpose of editing the Articles and instead drafted a new Constitution of the United States. Rejecting both confederal and unitary systems, they based the new American government on a new theory of federalism, a system of shared sovereignty that delegates some powers to the federal government and reserves other powers for the states. Among other powers, the federal legislature could now tax citizens and maintain a standing military, and had exclusive power over regulating interstate commerce and coining currency. In addition, while Article Six of the Constitution stipulated that federal law in pursuit of constitutionally assigned ends overrode any contradictory state law, the power of the national government was held in check by the Bill of Rights – particularly the Tenth Amendment, which limited federal governmental powers to only those specified in the Constitution.

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