Background
- Ultimate sovereignty (power) in the United States resides with the people.
- In the aftermath of the American Revolution, the people feared a strong central government, reminiscent of King George III of Britain. In response to this fear, they established a weak central government under the Articles of Confederation. When the Articles proved unworkable, delegates representing the people held the Constitutional Convention in Philadelphia, Pennsylvania in 1787 to establish a new form of government.
- The delegates established a federal republic which is a system of government based on federalism. Under federalism, power is shared between two separate governmental entities-the national government and the state governments.
- The powers of the federal government are established by the United States Constitution, which is the supreme law of the land. Neither the national nor state governments can violate its provisions. The U.S. Supreme Court has the final say over interpreting constitutional provisions. Although it is difficult, it is possible for the people to amend the Constitution.
The Powers of the Federal Government
- The federal government is known as a limited government. Its powers are restricted to those explicitly (directly) stated in the Constitution. Article I, Section 8 of the Constitution is the main source of the federal government's explicit powers. Some examples include, the power to regulate interstate commerce, establish an army and navy, and print and coin money.
- In the case of McCulloch v. Maryland, the U.S. Supreme Court held that the federal government also possesses certain implied powers. Implied powers are those not explicitly mentioned in the Constitution, but that are necessary for the government to function. For instance, the federal government has the implied power to charter a bank because it has the explicit power to regulate trade, coin money, collect taxes, etc.
- Some powers of the federal government are exclusive. Only the federal government may exercise them. Only the federal government may print money or raise an army. Other powers of the federal government are concurrent. They may be exercised by both the federal and state governments, e.g., both may collect taxes.
- Article I, Section 9 of the U.S. Constitution and the Bill of Rights place restrictions on the power of the federal government.
The Powers of the State Governments
- Any powers that the Constitution does not give to the federal government nor explicitly prohibit the states from exercising belong to the state governments. Article I, Section 10 of the Constitution provides a list of powers which the states may not exercise. For example, the states may not tax goods that are transported from one state to another.
- Each state also has its own Constitution which establishes that State's government and lists rights that the state government may not violate (they usually are called Bills of Rights and parallel the U.S. Constitution's Bill of Rights). These constitutions are the supreme law of the land in each state.
- State laws usually have the most direct impact on people's lives. They touch upon such diverse subjects as traffic regulations, insurance, and the requirements for marriage.
- Article IV of the U.S. Constitution regulates the relations of the states to each another, e.g., the Full Faith and Credit clause requires the states to respect each other's laws.
- The Due Process Clause of the Fourteenth Amendment incorporates (applies) most of the provisions of the Bill of Rights, to the states. The Equal Protection Clause of the Fourteenth Amendment prohibits the states from treating people differently without legal justification.
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