Federalism: The Perfect Balance Of Power In The United States

States and national government both had sovereignty from the people and therefore the Constitution could distribute powers between federal government and states but the Constitution was the supreme law

Congress enacts laws that touch every aspect of American lives, from the taxing policies, to what behaviors are against the law, as well as regulating interstate commerce.

Our Legislative branch of government has many powers granted and denied/outlined by our Constitution. These powers include (but are not

However, the state of Maryland tried to block the activity of the national bank by imposing tax to all the notes that were issued. The branch manager of the bank in Baltimore refused to pay taxes and lawsuits were filed in the Maryland Court. However, the case was brought up to the U.S Supreme Court as the Constitution did not subjectively describe that Federal Government had the authority to establish a bank. The U.S Supreme Court led by Chief Justice John Marshall ruled out the case that acknowledges that the Congress has the rights to establish a national bank under Article 1 Section 8 in the American Constitution. This shows that the US Constitution was vaguely described and gave the Congress an insight to pass laws as long as it is within the Constitution. However, this gave the Federal Government to create the mentality to indirectly gain more power which restricts the States sovereignty.

Another example of this would be the election and in particular, the Electoral College. The system of the Electoral College is one that portrays federalism i.e. share of power between state and national government. The Constitution provides the framework of the system. Federal statutes stipulate aspects of the process and give directions to states regarding the time of the election and certification of the electoral vote. Federal statutes also give directions to Congress concerning the counting of the electoral vote, and they provide a process for objections to the vote. Since each state plays an integral role in the process by essentially conducting its own election at a concurrent time with other states, the laws of each state specify the time and place of the meeting of the electors as well as other election provisions. Together, these two governments, together with the constitution, create the Electoral College system (Edwin C. Kisiel, III, page 12-13). Since laws at both the national as well as the state level govern the Electoral College, it can be said that its foundation is rooted in

Reserved powers – powers that the Constitution does not give does not give to the national government that are kept by the states.

The Constitution lists all the powers states agreed to give to the federal government, and powers not on this list belong to the states or the people. The Founders knew it would be impossible to think of every tiny power the federal government would need, so the list they wrote in the Constitution was basic. To cover to details, they added what we call the “Necessary and Proper Clause”. This clause provides power to Congress to make laws which shall be necessary and proper for carrying into execution the foregoing powers.

This is the same with America’s enumerated powers and reserved powers; enumerated powers meaning the central government, and the reserved powers meaning the states’ government. These two governments residing within America control each other from getting out of hand; in this way federalism protects us from tyranny.

The power of the federal government is essentially unlimited, but the scope of this power is clearly defined. For example, in Federalist 23, Hamilton states, “Congress have an unlimited discretion to make requisitions of men and money.” The federal government has virtually unlimited power but a narrow realm of influence. To ensure a limited government, the powers allowed to the federal government are enumerated in Article 1, Section 8 of the Constitution. While the Framers established enumerated powers to guard against an overall tyrannical government, they also created institutional mechanisms to prevent popular rule, faction rule, or branch domination. A republican form of government was established to inhibit a single faction or the majority from abusing power. Madison, in Federalist 10, says that a republican form of government “promises the cure for which we are seeking.” Representatives serve to both “guard against the cabals of a few” and “guard against the confusion of a multitude.” Madison recognizes that an “enlightened statesman will not always be at the helm” and thus there must be institutional protections. These institutional barriers such as enumerated powers, the separation of powers, and check and balances, help guard again an abuse of power. The Framers valued freedom and therefore sought a limited government with protections against

After the Constitutional Convention in 1787, the United States Government was reorganized under the Constitution. This gave the federal government far more power than did the Articles of Confederation, which invested power within the states. Basically, the Constitution created three branches of government (Executive, Judicial, and Legislative) which would work together to run the government. To make sure that there was an equal balance of power among the branches, a system of checks and balances was devised so that each branch could limit the power of the others. It is important to note that "the doctrine of separation of powers is not established by any constitutional provision [but] rather it emerges from he framers'

Expressed Powers are those powers explicitly named in the Constitution. They grant the legislative branch a large amount of authority over American national policy, both domestic and foreign. The Constitution states that the Congress shall have power to lay and collect taxes, imposts, duties, excises, to pay the debts and provide for the common defense and general welfare of the United States; but all imposts, duties, and excises shall be uniformed throughout the United States (Brady). There are a total of 27 expressed powers listed in the Constitution.

Definition – Powers not given to Congress in the Constitution and not denied to the States, which are therefore given to the States.

When the government first achieved independence from England there were thirteen individual governments. They had an agreement called the Articles of Confederation that specified how each would interact with the others and manage the states. Despite the ratification by every state the agreement soon became problematic. What ensued was the meeting of state delegates, known as the Constitutional Convention, who planned to revise the problems. As a result the U.S. Constitution was fashioned to take its place. The idea was to ultimately federalize the States. That means each State remains an individual government but also agrees to be part of a Union. Thus created a federal government that would handle those things that are best controlled by a central government, which acts on behalf of the many States. An example would be the Navy and Army. The Federal Government has the right to raise and maintain a full time standing military. The Federal government is not limited to just the enumerated powers granted to Congress. It was also arranged that the national government would have powers not specifically stated in the Constitution, called implied powers. Although popular

Federalism is the division of powers between state and national governments. Federalism gave lower levels of government power that they did not have. The purpose of federalism is to give the people a sense of power, and essentially more liberty. However, it also allows a balance of power by giving states the rights to make their own laws, all while still recognizing the national government as superior.

The powers of the Congress are listed almost exclusively in the Constitution under Article I, Section 8 which state powers such as: the right to declare war, the right to establish a uniform Rule of Naturalization, and the right to regulate commerce with foreign nations. The Congress is also given the right to lay and collect taxes among other things. The House of Representatives has the greatest privileges of either the house or the senate. The House of Representatives has the power to impeach, or bring charges against, federal officials for misconduct. If no candidate in a