What is dual federalism?

Dual federalism, also known as layer-cake federalism, is a concept in American federalism where the powers and responsibilities of the federal government and state governments are clearly defined and separate. It is based on the idea that the federal government and state governments have distinct, non-overlapping spheres of authority.

In dual federalism, the federal government is responsible for handling issues that pertain to national defense, foreign policy, and interstate commerce, while state governments are responsible for handling issues that pertain to education, transportation, and criminal justice within their respective boundaries.

This concept was prevalent in the early years of the United States, particularly during the 19th century when the federal government's role was limited to certain enumerated powers as outlined in the Constitution. However, the concept of dual federalism began to erode during the Progressive Era and the New Deal, as the federal government expanded its role in response to economic and social challenges.

Dual federalism is often contrasted with cooperative federalism, where the federal government and state governments work together to address complex issues and solve problems. Today, the United States operates under a system of cooperative federalism, with shared powers and responsibilities between the federal government and state governments.