Constitutional Foundations: Modern Federalism

warm-up Section Warm-Up

America has become an increasingly mobile society. It is not uncommon for people to relocate to another state several times in their lifetime. For many people this is a major adjustment.

stacked moving boxes labeled kitchen and living room

think icon
If you moved to another state, how might the other state be different?
Did you note different graduation requirements? Requirements to get a driver’s license? Requirements for admission to the state college? Different laws for marriage, divorce, child custody? Did you note varying requirements to be a nurse, doctor, lawyer, and technician? Did you note different criminal laws? For example, in 11 states possession of marijuana is not a crime; a person only faces civil penalties like fines. In other states it’s a misdemeanor, and in some a felony. Federal law makes the first offense for possession of marijuana a misdemeanor punishable by fines and up to a year in jail.

How can we have conflicting laws? Different penalties? How can something be criminal in one state and not criminal in another state? Because we are a federal system, each state can set its own standards in most areas of daily life, leaving to the federal government standards that affect the entire nation.

Explore: About America: How the U.S. is Governed - America.gov Visit this site from the U.S. government and download How the U.S. is Governed for a short handbook that explains the relationship between local, state, and federal governments.