Jonah Patel
Federalism in the United States refers to the division of power between the federal government and individual state governments. The US Constitution divides the federal government into three branches: legislative, executive, and judicial. This separation of powers ensures that no individual or group has too much power. The federal government is in charge of matters that affect the country as a whole, such as levying taxes, regulating commerce, and declaring war. Meanwhile, states hold any power that the Constitution has not assigned to the federal government or disallowed, such as the power to create and enforce laws necessary to promote public health, safety, and welfare.
| Characteristics | Values |
|---|---|
| Type of system | Federalism |
| Number of levels of government | 2 |
| Number of branches of government | 3 (legislative, executive, and judicial) |
| Powers of the federal government | Regulate trade between states, declare war, manage the mail, print money, etc. |
| Powers of the state government | Education, roads, drivers' licenses, police departments, elections, etc. |
| Powers shared between federal and state governments | Setting up courts, levying taxes, spending and borrowing money |
| Powers of the legislative branch | Congress (the Senate and House of Representatives) |
| Powers of the executive branch | President, Vice President, and Cabinet |
| Powers of the judicial branch | Supreme Court and other federal courts |
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What You'll Learn
The Supremacy Clause
The United States is a federal system, meaning power is distributed between a national (federal) government and local (state) governments. The U.S. Constitution, drafted in 1787, established a federalist system with more balanced state vs. federal powers. The Supremacy Clause, found in Article VI of the Constitution, is a cornerstone of this federal political structure. It states that the Constitution, federal laws, and treaties are the "supreme law of the land".
The Supreme Court has ruled that the Supremacy Clause allows for federal preemption over state law. This means that federal law can preempt state law either expressly or impliedly. If there is an express provision in the legislation, or if there is a conflict between the state law at issue and the federal law, the state law provision is immediately invalid. Field preemption occurs when Congress legislates in a way that is comprehensive to an entire field of an issue. Impossibility preemption occurs when it would be impossible to comply with both state and federal laws.
Understanding the Preamble's Core Principles and Intentions
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Federalism
The US Constitution divides the federal government into three branches: legislative, executive, and judicial. This division of powers ensures that no individual or group has too much power. The legislative branch is made up of Congress (the Senate and House of Representatives), the executive branch is led by the President, and the judicial branch includes the Supreme Court and other federal courts.
The federal government has powers such as regulating trade between states, declaring war, managing the mail, and printing money. Meanwhile, state governments oversee education, roads, police departments, elections, and more. The Tenth Amendment to the US Constitution is crucial in dividing federal and state powers, stating that "powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." This means that states hold any power that the Constitution has not assigned to the federal government or disallowed.
The Supreme Court plays a significant role in defining the powers of the federal and state governments by testing the constitutionality of federal laws. It has indicated that the Supremacy Clause may entail preemption of state law by express provision, implication, or conflict with federal law. The division of powers between the federal and state governments is not always clear-cut, and power struggles between the two levels of government have occurred throughout US history.
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The Tenth Amendment
In the United States, the federal government is divided into three branches: the legislative, executive, and judicial. The Constitution of the United States further divides powers between the national (federal) and local (state) governments. This system is called federalism, which allows states to test ideas independently, acting as "laboratories of democracy".
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Concurrent powers
The United States is a federal system, with power distributed between a national (federal) government and local (state) governments. The Constitution of the United States divides the federal government into three branches: the legislative, executive, and judicial. This division of powers ensures that no individual or group has too much power.
The number and types of concurrent powers depend on the level of integration established by the constitution and other laws. Federations that practice cooperative federalism will predominantly exercise concurrent powers, while those applying the doctrine of dual federalism will demarcate most powers as either exclusive to the federal government or reserved for the states.
The US Constitution established a system of "dual sovereignty," where states have surrendered many of their powers to the federal government but have also retained some sovereignty. The Tenth Amendment to the US Constitution, ratified in 1791, is crucial to dividing federal and state powers. It states that "powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." These reserved powers are generally referred to as "police powers," relating to public safety, health, and welfare.
The Supreme Court plays a significant role in defining these powers by testing whether federal laws are constitutional. It has indicated that the Supremacy Clause may entail preemption of state law by express provision, implication, or conflict with federal law. The division of powers between state and federal governments is not always clear-cut, and power struggles between them continue.
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Marijuana legislation
At the federal level, marijuana remains illegal, classified as a Schedule I drug with a high potential for abuse and no accepted medical use under the Controlled Substances Act (CSA) of 1970. The Justice Department has broad authority to enforce this federal law, but Congress determines the law itself and can choose to amend it. Despite the federal prohibition, several states have enacted laws legalizing marijuana for medicinal and recreational purposes, with California leading the way in 1996. As of 2021, 37 states have legalized cannabis for medical use, and 19 states permit recreational adult use.
The conflict between federal and state laws has created a complex dynamic. While the federal government has the power to outlaw marijuana, states have the ability to resist federal regulation with which they disagree, as demonstrated by the wave of state-level marijuana legalization. This dynamic illustrates the concept of federalism and the system of checks and balances, where states push back against federal policies they find unpopular.
To address this conflict, Congress could use its spending powers to enforce the CSA, but it has instead chosen to include language in omnibus spending bills prohibiting the use of federal funds for CSA enforcement by states with medical cannabis laws. Additionally, Congress has considered various reform bills, such as the Marijuana Opportunity, Reinvestment, and Expungement (MORE) Act, which would remove marijuana from the CSA and end federal criminal penalties. The House passed the MORE Act in 2020, but it did not advance in the Senate. Other bills, like the Cannabis Administration and Opportunity (CAO) Act and the States Reform Act, aim to end federal cannabis prohibition.
The executive branch also plays a role in marijuana legislation. The "Cole Memo" instructed US Attorneys not to enforce the CSA as long as states implemented strong regulatory systems for marijuana. While the Trump administration briefly withdrew this memo, the Biden administration reinstated it. The legislative branch can also restrain the executive branch from enforcing the CSA through its power over the purse.
In conclusion, marijuana legislation in the federal system is a complex issue involving the interplay between federal and state powers. While federal law prohibits marijuana, states have led the way in legalization, and Congress is considering reform. The dynamic between the branches of government and their respective powers influences the path of marijuana legislation, with potential consequences for businesses and individuals.
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Frequently asked questions
Power in the federal system is shared between the federal government and state governments. This is called federalism.
Federalism is the division of power between the federal government and individual state governments. It is a powerful central government while preserving the liberty of the governed.
The federal government is in charge of matters that affect the country as a whole, such as levying taxes, regulating commerce, establishing federal courts, and declaring war.
