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Oct 19, 2023 · Learn about the distribution of powers between the national and local governments in the U.S. constitution, and the doctrine of preemption to resolve conflicts. Explore the enumerated, implied, and reserved powers of the federal government, and the concurrent powers of the states.
The enumerated powers (also called expressed powers, explicit powers or delegated powers) of the United States Congress are the powers granted to the federal government of the United States by the United States Constitution. Most of these powers are listed in Article I, Section 8.
- Article I assigns the responsibility for making laws to the Legislative Branch (Congress). Congress is divided into two parts, or “Houses,” the House of Representatives and the Senate.
- Article II details the Executive Branch and the offices of the President and Vice President. It lays down rules for electing the President (through the Electoral College), eligibility (must be a natural-born citizen at least 35 years old), and term length.
- Article III establishes the Judicial Branch with the U.S. Supreme Court as the federal court system’s highest court. It specifies that Federal judges be appointed for life unless they commit a serious crime.
- Article IV outlines states’ powers in relationship to each other. States have the authority to create and enforce their own laws but must respect and help enforce the laws of other states.
Bond v. United States, 564 U.S. 211, 222 (2011) ( By denying any one government complete jurisdiction over all the concerns of public life, federalism protects the liberty of the individual from arbitrary power. When government acts in excess of its lawful powers, that liberty is at stake. ); United States v.
The U.S. federal government, sometimes simply referred to as "Washington", is composed of three distinct branches: legislative, executive, and judicial, whose powers are vested by the U.S. Constitution in the Congress, the president, and the federal courts, respectively.
Federalism is the distribution of power between the federal government and state governments. However, the Constitution does not create clear-cut lines for which types of policy fall under each level of government. This has led to questions over the balance of power between national and state governments.
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The web page provides the full text of the U.S. Constitution with annotations and explanations. It covers the legislative, executive and judicial powers of the federal government, as well as the rights and duties of the citizens and the states.
