Merriam-Webster defines power as the, “ability to act or produce an effect.” The legislative, judicial, and executive branches of the United States government maintain a delicate balance of power as they make, interpret, and enforce laws. In the first three articles of the Constitution, the framers did their best to ensure that power would be separated to the extent where no single branch of government could claim superiority over another and they further enforced this through the structure of checks and balances. Despite the separation of powers and checks and balances, there is an imbalance of power. The legislative branch has more power than both the judicial and executive branches. The primary function of the legislative branch is to make laws.
the william and mary quarterly 36, no. 3 (1979): 462-464 . http://www.jstor.org/stable/1943388 (accessed March 11, 2014). Armitage, David . "The Meaning of Independence."
John Marshall said, federalism"is perpetually arising, and will probably continue to arise, as long as our system shall exist.” The constitution grants power to the federal government over national concerns. Therefore creating a problem when the two governments disagree. The federal government can also enact laws concerning the whole country, but they are limited. "The federal government can regulate interstate commerce pursuant to the Commerce Clause of the Constitution but has no power to regulate commerce that occurs only within a single state." The Supreme Court granted more power to the federal government in 1819, after the McCulloch v. Maryland, but they onl... ... middle of paper ... ...national and the state governments.
National Archives and Records Administration. National Archives and Records Administration, n.d. Web. 04 Feb. 2014. http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html. "The Constitution of the United States: Amendments 11-27."
http://wc.wustl.edu. http://wc.wustl.edu/files/wc/imce/2013regreport.pdf (accessed April 4, 2014). Kay, Charles. "Notes on Utilitarianism." Dr. Charles Kay » Utilitarianism.
Retrieved March 3, 2014, from http://americanhistory.about.com/od/colonialamerica/a/may_compact.htm u-shistory.com. House of Burgesses, Retrieved March 3, 2014 from http://www.u-s-history.com/pages/h1151.html History.com. This Day In History, September 5, 1774 First Continental Congress Convenes. Retrieved March 3, 2014 from http://www.history.com/this-day-in-history/first-continental-congress-convenes Wikipedia.org. Mayflower Compact.
When a conflict of jurisdiction arises between federal law and state law, the supremacy clause comes into action. Under the United States Constitution, the Federal Government has the ability to make laws regarding expressed powers. Expressed powers are powers given to Congress by the United States Constitution that allow them to regulate federal matters such as the coining of monies, the post office or the military. They also have the power to make laws that are related to an expressed power, known as implied powers. This means that Congress can only pass laws with the power that is provided to them in the U.S.
The laws and processes take the federal foundation combined with the ideas of the voters and statewide needs shape the way state officials go about these decisions, Whether a state is democratic or Republican in nature this term is a varying factor to how the offices are run. Many similarities can occur between the state and federal governments. State governments function like miniature federal governments. They have legislative, judicial, and executive branches,(although the three branch structure is not required) and they both go through many of the same law-making procedures. Each state tries to function as its own government, while following the Federal guidelines.
S.1562-Older Americans Act Reauthorization Act of 2014. Retrieved from http://beta.congress.gov/bill/113th-congress/senate-bill/1562?q=%7B%22search%22%3A%5B%22s1562%22%5D%7D H.R. 3850--113th Congress: Older Americans Act Reauthorization of 2014. (2014). In www.GovTrack.us.
Found on Constitutional Rights Foundation. Retrieved from http://www.crf-usa.org/foundations-of-our-constitution/magna-carta.html on May 10, 2014. Magna Carta, Mayflower Compact, Declaration of Independence, Articles of Confederation and Federalist Papers. In Encyclopedia Online. Retrieved from http://www.encyclopedia.com/topic/Declaration_of_Independence.aspx on May 10, 2014.