The Federal Government And State Government In The United States Government

727 Words2 Pages
bulb-icon

Recommended: The relationship between Federal Government and State Government

The United States is run under a federal system. This means that there are two forms of government, Federal and State, in which the citizens or people are regulated. That being said, the Federal Government and State Government are both set up in a similar fashion; there are three branches of government in each system where one branch cannot have complete control, also known as a checks and balance system. Just like the Federal Government has a constitution, each state also has their own constitution and the ability to make laws that pertain to citizens or people within that states’ borders. 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.
Constitution and its laws are the supreme law of the land. For example, in Colorado recreational marijuana is legal, however, by federal law the consumption or possession of marijuana is illegal. If a person is caught with less than an ounce of marijuana on their person and they are over the age of twenty-one, the state will not charge with person with possession of a controlled substance. Now, if the person is caught by a federal agency, even if they are within the Colorado State border, the federal government has the right to obtain a warrant and arrest the person for possession of a controlled substance. The federal court has this right because federal laws trump state and local

Show More
Related

  • Poloni-Staudinger And Wolf Essay

    559 Words  | 2 Pages

    Instead, the Constitution grants Congress the power to pass legislation regulating all commerce bar intrastate trade (U.S. Const. art. I, § 8, cl. 3). Coupled with the subsequent clause enabling Congress to pass any legislation they deem necessary in order to carry out the laws passed by dint of the body’s Constitutionally-enumerated powers (U.S. Const. art. I, § 8, cl. 18), the enumerated power to regulate interstate and international commerce endows Congress with a significant capacity to control the nation’s

    Read More

  • Does Congress Have Too Much Power Over Commerce?

    2342 Words  | 5 Pages

    ...s on the Government’s power. It is the supreme law and any act that is inconsistent with it is null. The respondent’s argument that the Act “exceeds the authority of Congress” is a weak argument, which can be disproved by the Constitution, itself. Congress must be able to exercise stretching its powers in order to insure the safety of the economy.

    Read More

  • Enumerated Powers In The United States Constitution

    708 Words  | 2 Pages

    The United States government is based around our Constitution. One of the most important pieces to U.S. Constitution is what lies in Article. I. Section. 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

    Read More

  • The Ratification of the United States Constitution

    961 Words  | 2 Pages

    ...merican community. The Constitution of the United States of America also defines that the federal government does not have authority outside the established clauses in the Preamble.

    Read More

  • Congress Have Too Much Power Essay

    609 Words  | 2 Pages

    Congress is split into two large bicameral legislatures, the house of representatives and the senate. The Constitution grants Congress the sole authority to enact legislation and declare war, the right to confirm or reject many Presidential appointments, and substantial investigative powers which shows how they have too much power because even though they are split into two separate entities, they can share and overtake other parts of the government and basically do whatever they want from making laws to declaring war.

    Read More

  • What Are The Pros And Cons Of Federalism

    1610 Words  | 4 Pages

    For example, there are national laws about gun rights and restrictions that all states must follow. However, Colorado also has laws that are more specific about what rights Colorado residents have concerning guns in Colorado, such as Colorado is the only state that doesn 't require a permit for handgun owners. No one part of the Constitution deals with federalism , rather the entire artifact is a list that divides the powers accordingly . Congress helps to make most of the laws passed by the national government showing that it’s the National Governments strongest asset. Article 1 Section 8 is the strongest list of powers of the National Government with in the Constitution . (76) . This list aided by a clause give Congress the power to make all laws that are “necessary and proper” This is called the Necessary and proper clause which has been used to justify powers Congress have given themselves which arent specifically mentioned within the Constitution.Another clause that works with this is The Surpremacy claus which basically states that National law is the law of the land showing that Federal law trumps State law . With these clauses it seems as though Federal law has all of the power , but Article I , Section 9 limits Federal law with a list of specific powers not granted to Congress (76) . As well as the Bill of Rights that limit the power the Federal Gov. has on indiviuals

    Read More

  • The Power Struggle of the States and Federal Government in the United States

    1531 Words  | 4 Pages

    Theoretically, in a Federal system the sovereignty is shared between the national government and the local government but the ultimate sovereignty lies on the people. The federal government does not have the power to be involved in the states laws as they are only able to deal with national security, taxation and foreign affairs. The States however, deal with public welfare, education and justice. For instance, in different States there are different laws in executing criminals implemented as such in California death sentence is applied. However, it differs in practice whereby in the recent events the federal government is heavily involved in the public welfare especially when it dealt with major crises.

    Read More

  • The Fourteenth Amendment

    730 Words  | 2 Pages

    The opposing argument serves as a perfect gateway to the topic of relationship between Federal and State government. In the United States, the Supremacy Clause serves...

    Read More

  • Judiciary as the Most Powerful Branch of Government

    2619 Words  | 6 Pages

    The reason for much of this power is the principle of judicial review of the actions of the executive and legislative branches of government at both state and federal level against a written constitution and the power therefore to 'interpret' the constitution. The power of judicial review over the states is laid down in the supremacy clause of article III and the power of judicial review over the other two branches of the federal government is implied in the constitution and by several but by no means all of the founding fathers: "A constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred; or, in other words, the Constitution ought to be preferred to the statute, the intention of the people to the intention of thei... ... middle of paper ... ...

    Read More

  • Understanding Federalism: A Study of US Government

    517 Words  | 2 Pages

    national government, Congress is the legislative branch. The Executive branch is led by the President and the judicial branch is run by the Supreme Court (SCOTUS). Each branch of the national government has power over each other and can check each other. Congress makes laws for the entire country. The president (executive branch) carries out the laws that congress makes. The judicial branch interprets how the law should be read. Each branch has separate jobs (separation of powers). For the state, governors have the authority to issue executive orders. This means that they can veto the legislation they enforce state laws instead of national laws. In the state, the legislation branch consists of two houses which are considered bicameral. The judiciary branch of the state government is the state courts. The state and national level of government basically check each other in the same ways at the legislative

    Read More

  • Federal V States On Marijuana Essay

    1234 Words  | 3 Pages

    The Supremacy Clause which is part of Article VI of the constitution, states that the federal government is the supreme law of the land. As stated in the constitution: ”This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority ...

    Read More

  • Federalism

    1960 Words  | 4 Pages

    ...t that, invariably in the three decisions that gave states more rights, a need to curb national government supremacy was a more important factor than the Tenth Amendment. Indeed, the dual federalist approach was not the major factor either because the three aforementioned cases were all decided more as a response to the expansion of national supremacy than a desire to exert states rights. The Supreme Court has not always been capable of following the correct interpretation of the Constitution because of the effects of prior cases and political influences. In order to do so in the future, the Supreme Court need only remember that the constitution was meant to-- enhance national government power, the national government is supreme when its laws are made in the pursuance of the Constitution, and the Tenth Amendment gives the states a passive and not aggressive power.

    Read More

  • The Federal Government and its Role in the States

    608 Words  | 2 Pages

    The federal system is a very complex because it allocates responsibility to state and federal government. Our federal system is one which powers are divided by the central government and state government. They both act directly upon the citizens and must agree with constitutional changes. The division of power among the states and federal government is called federalism. In the past there have been smart president and leader that gave the federal government more power than the states. We have view our country shift powers among the states and central government.

    Read More

  • Implied Powers of Congress

    938 Words  | 2 Pages

    The United States Congress is the legislative branch of our government made up by the Senate and the House of Representatives. Our Congress, just as all branches of our government, derives its power from the US Constitution, specifically Article 1 section 8 which outlines the specific enumerated powers of Congress. This Article also outlines the implied powers of Congress. These implied powers include all things which are deemed necessary in order for Congress to carry out the jobs assigned to it by their enumerated powers.

    Read More

  • Limited Government Essay

    1024 Words  | 3 Pages

    Then there is the state government which are responsible for governing affairs within their borders, and carrying out federal laws and programs at the state level. They are governed by their own constitutions and retain any rights that the U.S. Constitution does not exclusively grant to the federal government. The state government is limited as they cannot form alliances with other states and must honor and respect the laws and institutions of the other states. And finally there is the federal government which is the central and highest level of government in the U.S. It is divided into three branches and each branch has its own rights and power to check and balance the powers of each branch. The federal government has the power to regulate taxes, establish federal welfare programs and make laws in the interest of the nation as a whole. There are also limitations set to the federal government’s authority, as they cannot ask local law enforcements agencies to do minor administrative jobs. Although all levels of government have their own responsibilities there are limits to interfering with other governments

    Read More

More about The Federal Government And State Government In The United States Government

Open Document