8. Here is a list of powers granted to congress through the Constitution, known as the Enumerated Powers or Granted Powers, stating what congress can enforce on the nation as a whole. Examples of these powers include, the ability to lay and collect taxes, to pay debts, provide common defense/ declare war, provide for the general welfare, and the power to regulate commerce. Valuable topics to understand when reviewing the Enumerated Powers that are granted to the United States Congress are how federalism and Federalists are tied into congress 's constitutional powers and the meaning and
28, had suggested that the both levels of government would actually exercise their authority for the citizens' benefit: In case of any of their citizen’s rights are invasion by either, they can make use of the other as the instrument of redress. The federal government has certain express powers which are powers that are spelled out in the Constitution, which include the right to collect and declare taxes, declaration of war, and regulation of interstate and foreign commerce. The Necessary and proper clause grants the federal government the imp... ... middle of paper ... ...ts, mosquito districts, public benefit corporations, authorities of industrial development , transportation industry, port, workforce investment boards, redevelopment institutions and emergency financial managers. The cities and municipalities have been reduced to the level of one more constituency group to be ignored rather than an integral part of economy shaping in their own rights. They are not enshrined in the U.S. Constitution and are subsequently absent from state law, which created and safe guards municipalities, counties,cities,villages and townships , and yet provision is made for the metropolitan areas of which they are a part of.
Instead, Congress often delegates to federal entities authority to craft rules and regulations needed to carry out the mandates of laws. In order to maintain oversight over the entities that Congress grants authority to, Congress has established a requirement to publish a notice in the Federal Register detailing their proposed rules. Interested parties are then allowed a time period to express their concerns over said methods. Although it is not specifically mentioned in the constitution, through all of these rights, Congress holds an inherent oversight role over the bureaucracy. The role flows from Congress’ power to make laws, raise and appropriate funds, give advice and consent to executive nominations, and impeach federal officials.
The judicial branch must review the laws the executive branch is to enforce. There is also the legislative branch. This branch contains the United States House of Representatives, the United States Senate, and the Library of Congress. Laws are created through the legislative branch. The basic idea between the creation of the three branches is based upon “checks and balances.” No branch should become so powerful that it over-takes either of the other branches.
One of them is the Supremacy Clause in Article VI. It states that the Constitution and federal laws are superior to any state laws and can override any state provisions or conflicts (Dautrich & Yalof, 2016). The 1816 Martin v. Hunter’s Lessee Supreme Court case has also established that states cannot interpret the Constitution and should adhere to the Supreme Court’s interpretation of it (Dautrich & Yalof, 2016). In this way, federalism exercises preemption, according to which federal laws supersede state laws within the enumerated powers issues. Additionally, the full faith and credit clause and the privileges and immunities clause regulate relations between states (Dautrich & Yalof, 2016).
“Federalism is a system of government in which the people are regulated by both federal and state governments ( Hames & Ekert, 2010, p. 16). The American Legal System has three branches of government at both the federal and state level. Each government has specific powers that are either exclusive to that government or concurrent. While these two governing bodies were created to co-exist occasionally conflicts do arise. When this happens the Supremacy Clause is used to resolve the issue.
Separation of powers is different from federalism because separation of powers is divided within the government. Federalism is power granted from the United States Constitution that is delegated to the United States Government and reserves power for each of the states. As you can see, both separation of powers and federalism are keeping one from having too much power. The next one I am going to define is the Articles of Confederation. It was the first governing document of the newly independent United States which was the first constitution.
The federal government is on the level beneath the Constitution, showing that all of their power is delegated to them by the Constitution, therefore they must follow it. Under the federal government lies the state governments, who also have powers, but their powers are lesser than the federal government 's. However the Constitution does have reserved powers for the state. This sets up a system of federalism because it establishes the two areas of government, and it decides which body would be supreme. The limitation of that supremacy is the Constitution, and the federal government holds the
the Judiciary act of 1789 established the order of three types of federal courts within the judicial branch; where the highest court is the supreme court, then circuit courts and at the base are district courts. The creation of the judiciary act demonstrates congressional power over the structure of the federal courts of which the judicial branch consists of. Although, the Constitution established the Supreme court as the highest judicial court of the U.S., Congress has the power to establish inferior courts, as validated in the Judiciary Act of 1789, giving Congress a great deal of influence over how the judicial branch operates. the Civil Rights Act passed by Congress in 1964 prohibits segregation in public places, businesses, and requires the integratio... ... middle of paper ... ...nd balances. The Congressional power to make laws impact how and what laws are enforced by the executive branch and are interpreted by the judicial branch.