What is an example of dual federalism?

The correct answer illustrates dual federalism by highlighting the distinct responsibilities of the federal and state governments. In dual federalism, also known as "layer cake" federalism, each level of government operates independently within its own sphere of authority.

In the example provided, the federal government controlling foreign affairs demonstrates its exclusive and nationally prioritized role, while states managing education emphasizes their autonomy in domestic policy areas. This division of responsibilities is a fundamental characteristic of dual federalism, where powers and functions of government are clearly delineated, allowing both the federal and state governments to function without interference in their respective areas.

The other options do not fit the definition of dual federalism. For instance, the notion of both levels of government working on the same policy areas indicates a cooperative federalism model, where responsibilities overlap and there is collaboration, rather than clear separation. The idea of states having exclusive rights to create treaties misunderstands the constitutional framework since the Constitution grants the federal government the authority to make treaties. Lastly, the concept of federal laws completely superseding state regulations describes preemption, which reflects a different federalism principle where federal law prevails over state law, unlike the distinct separation found in dual federalism.