3.1 The Division of Powers

Federalism divides power between federal and state governments, creating a balance of authority in the US. This system allows for diverse policies across states while maintaining national unity. The Constitution outlines how power is shared, with specific responsibilities assigned to each level of government.

The separation of powers and checks and balances further distribute authority within the federal government. This intricate system prevents any single entity from becoming too powerful, ensuring a democratic balance. Understanding these concepts is crucial for grasping how American government functions at various levels.

Federalism and the Division of Powers

Federalism in US government

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• Federalism divides power between a central government (federal) and regional governments (states) in the United States
• Allows for a balance of power prevents concentration of authority in a single government entity
• Enables diversity in policies and laws across states to meet unique needs of citizens (gun laws, education policies)

Constitutional division of authority

• Tenth Amendment reserves powers not delegated to federal government for the states or the people serves as basis for division of power
• Supremacy Clause in Article VI establishes Constitution, federal laws, and treaties as supreme law of the land federal law takes precedence in conflicts with state law
• Commerce Clause in Article I, Section 8 grants Congress power to regulate interstate commerce has been interpreted broadly to allow federal regulation of many economic areas (transportation, communication)
• Necessary and Proper Clause in Article I, Section 8 grants Congress power to make laws necessary and proper for carrying out enumerated powers used to justify expansion of federal power

Federal vs state vs local responsibilities

• Federal government responsibilities:
  • Maintains national defense and conducts foreign policy
  • Regulates interstate and international trade
  • Coins money and sets monetary policy
  • Establishes post offices and federal courts
  • Limited by individual rights in Constitution (freedom of speech, religion)
• State government responsibilities:
  • Establishes and maintains public schools
  • Regulates intrastate commerce within the state
  • Conducts elections and determines election procedures
  • Establishes local governments (counties, cities)
  • Cannot make laws conflicting with Constitution or federal law, coin money, or conduct foreign policy
• Local government responsibilities:
  • Provides police and fire protection
  • Maintains public parks and libraries
  • Collects garbage and recycling
  • Handles zoning and land use regulation
  • Powers derived from state government can be limited or removed by the state
  • Cannot make laws conflicting with state or federal law

Separation of Powers and Checks and Balances

• Separation of powers divides the federal government into three branches: legislative, executive, and judicial
• Checks and balances system allows each branch to limit the powers of the others, preventing any single branch from becoming too powerful
• Examples of checks and balances:
  • President can veto laws passed by Congress
  • Congress can override presidential vetoes with a two-thirds majority
  • Supreme Court can declare laws unconstitutional (judicial review)

Types of Powers

• Concurrent powers are shared by both federal and state governments (e.g., taxation, law enforcement)
• Preemption occurs when federal law supersedes state law in areas of shared authority
• Dual federalism views federal and state governments as separate sovereigns with distinct areas of authority
• Cooperative federalism emphasizes collaboration between federal and state governments to address complex issues