Essay on "Federal and State Government"

Essay 3 pages (943 words) Sources: 3

[EXCERPT] . . . .

The 10th Amendment tersely identifies the powers of the States in this way: "The 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" (U.S. Constitution). In other words, anything that is not listed in those 18 powers identified in Article I, Section 8, by definition is a power that belongs to the States.

There are also limitations to the power of the federal government. Article I, Section 9, "sets definite limits on what Congress may do" (McClellan, 2000, p. 300). Some of the restraints placed upon Congress are archaic, such as the restraint stating that Congress may not forbid the importation of slaves until 1808. Article I, Section 9, also denies the federal government the power to "levy direct taxes unless in proportion to population; to tax exports; or to favor the ports or shipping of one State over…another" (McClellan, 2000, p. 301). The federal government is also forbidden to use money from the Treasury unless it is "in accordance with Congress's appropriation of funds" -- but of course it appears that this section of the Constitution is violated all the time today; and finally the federal government cannot grant anyone a title of nobility or accept gifts/bribes/favors from foreign nations without approval by Congress (McCellan, p. 301).

Likewise, the States have limits too. They may not make treaties or alliances with foreign nations; license or privateer mercenaries; issue money; pass bills of attainder or interfere with contracts. States also need Congressional approval to tax both imports and exports -- and even if they gain it, they do not gain the right to keep the money (it must go to the federal treasury). Without approval, states cannot maintain an army or navy.

Overlapping powers are these: neither states nor the federal government may grant titles of nobility. (This appears to be a holdover from English resentment and egalitarian doctrine). Also, both state government and federal government are obliged to serve each other. For example, the federal government is obliged to guarantee a republic and protect the states from invasion. Meanwhile, the states are obliged to hold elections for Congress. The most obvious overlapping powers, however, are the power to tax, to borrow, and to charter corporations.

In conclusion, both the federal and the state government are allotted specific powers and denied specific powers by the U.S. Constitution. At least, this was the case once upon a time. Now, through "interpretation," the Constitution is used to justify nearly any sort of behavior on the part of the federal government, as the U.S. becomes more and more central in its power.

Reference List

Katz, E. (1996). United States of America. Retrieved from http://www.federalism.ch/files/categories/IntensivkursII/USAg2.pdf

McClellan, J. (2000). Liberty, Order, and Justice. IN: Liberty… READ MORE

How to Reference "Federal and State Government" Essay in a Bibliography

Related Essays:

How Federal and State Government Effect Public Education Research Paper

Federal and State Governments Effect Public Education

The role that the federal and state government plays in the world of public education is constantly evolving. As the way public education… read more

Research Paper 2 pages (659 words) Sources: 1 Topic: Education / Teaching / Learning

---

American Government and Politics Today Essay

Government

Why did the Framers of the Constitution create a bicameral legislature? Was part of the reason for a two-house legislature the idea that it would be more difficult to… read more

Essay 18 pages (5873 words) Sources: 1+ Topic: Government / Politics

---

American Government and Its Influence and Control on Society Term Paper

government has a perfect right to influence behavior to the best of its ability if it is for the welfare of the individual and the community as a whole.

This… read more

Term Paper 4 pages (1525 words) Sources: 4 Style: MLA Topic: Government / Politics

---

Insurance Healthcare Research Paper

Health Care System

United States Health Care System

An increase in the concentration of the health care costs and quality assurances within the context of the health reforms continue to… read more

Research Paper 8 pages (2587 words) Sources: 8 Topic: Healthcare / Health / Obamacare

---

States and Localities the Changing Dynamic Essay

The Dynamic of Local, State and Federal Governance

American governance has been based in Constitutional ideology since
the founding of our nation. Woven within the myriad premises which have
defined… read more

Essay 5 pages (1534 words) Sources: 3 Style: APA Topic: Government / Politics

---

View 100+ more related papers  >>