Power Between Federal and State Governments

Abstract In this paper, you will discover what differences and similarities that the U. S. Constitution points out between the federal and state governments. The constitution states in the Articles of the “Bill of Rights” what laws pertain strictly to each the federal and state governments. What is more, there are several points noted that overlap between the two. Numerous locations with information on this topic were found however; I chose to utilize the four noted on the reference page. Our Forefathers wanted to create a nation with a stronger reform to serve all people of the new nation, not a monarchy as they fought to gain freedom from.

Hence, the U. S. Constitution was drafted in less than a hundred working days. Table of Contents Title Page………………………………………………………………………. 1 Abstract ……………………………………………………………………….. 2 Table of Contents ……………………………………………………………… 3 Paper Title …………………………………………………………………….. 4 Government Branches and Powers of Each …………………………4-5 Powers of State ………………………………………………………5-6 Limits on Government …………………………………………………6 Limits on States ……………………………………………………….. 6 Similarities …………………………………………………………….. 6 References …………………………………………………………………….. 7 Power between federal and state governments The Constitution is the law of the land.

Within the constitution, there are various Articles, Bills, Sections etc. and what I confer from my understanding of the dividing of power follows in this paper. Article I lists the powers that Congress possess. Article I, Section 8 of the constitution expresses the powers of congress (Constitutional Themes-Federal Power). Congress has two basic functions, legislative for the nation and a representative for the people. However, its main function is to enact laws. There was a purpose of the forefathers to divide the government into three separate units, to protect the new nation from becoming a monarchy.

One division of the government cannot work without the other two. Powers reserved for the national government include: printing of money (bills and coins), declare war, establish an army and navy, enter into treaties with foreign governments, regulate commerce between states and international trade, establishing post offices and issuing postage, making laws necessary to enforce the Constitution (Federalism: National vs. State Government). Article II, Section I lists powers the Executive branch control. The President of the United States heads this office (Constitutional Themes-Federal Power).

Right off it states that no one other than a “natural born” citizen is eligible for the office of President. He was made Commander and Chief over army and navy; given the power to appoint ambassadors, federal judges, and high officers in the executive branch of government. However, his appointments must be approved by 2/3 of the body. Article III lists the powers of the judiciary branch (Constitutional Themes-Federal Power). It does not give eligibility standards for judges although, judges have authority to claim laws and acts unconstitutional.

The Supreme Court has the power of the judicial review and is given lifetime appointments whereas; Legislative courts are instituted by congress as well, except their length of service is also determined by congress. Now let us focus on some of the states powers. The first ten amendments form the “Bill of Rights. ” This holds all the liberties and all their rights of freedom as citizens of the United States. The “Bill of Rights” was created itemizing rights to limit power of the government over the citizens (American Government, 13th Edition).

The powers that are strictly reserved for State governments are: establish local governments, issuing licenses (driver, hunting, marriage, etc. ), regulate intrastate (within the state) commerce, conducting elections, endorse amendments to the U. S. Constitution, providing for public health and safety, (Federalism: National vs. State Government). The states have rights to pass their own laws, and may perform legislation under their reserved powers. The Federal Government has limited powers that are delegated to it by the people.

Article I, Section 9, denies the government power to randomly incarcerate or punish any person or persons without good reason. Furthermore, government is forbidden to pass laws that deny rights guaranteed by the constitution. Many sections of the constitution identify the limits on the government; however, nothing can spell it out like the “Bill of Rights. ” Government cannot tell citizens what religion to practice; what’s more, citizens have the freedom of speech, freedom of choice, freedom to vote in free elections, etc. Article I, Section 10, states the limitations on the states.

No state can enter into a treaty, or alliance, nor can any state put taxes on imports or exports except what may be necessary for executing its inspection laws without consent of the congress. States cannot engage in war, unless they are invaded, nor can they engage in an agreement with another state or foreign power without consent of the congress. Similarities between state and government are more than one would have thought. Both have an executive branch (President/Governor and their cabinet), legislative branch (US House of Representatives/US State, state House and Senate), Judicial US and State Supreme Courts and lower courts.

In addition, concurrent jurisdiction refers to cases that could be heard in either state or federal court. Both maintain a military; states have the National Guard, as well as other related departments. (Federalism: National vs. State Government). References American Government-13th Edition Chapters 1, 7, 9, 10, 11, and 12 Constitutional Themes-Federal Power http://www. articleii. org/federal_power. html Federalism: National vs. State Government http://usgovinfo. about. com/od/rightsandfreedoms/a/federalism. htm http://www. beenverified. com.