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State legislative powers were almost exclusively limited by their own constitutions. Federalism at the Founding can therefore best be described as “Enumerated Powers Federalism.”. The national government was conceived as one of limited and enumerated powers.
- 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.
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What powers does the Constitution give the federal government?
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What is a federal government?
Jump to essay-2 The Federalist No. 45 (James Madison) (The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.
United States, 564 U.S. 2 1 1, 222 (20 1 1) ( 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 amendment states that the federal government has only those powers specifically granted by the Constitution. These powers include the power to declare war, to collect taxes, to regulate interstate business activities and others that are listed in the articles or in subsequent constitutional amendments.
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.
