The Separation of Power in the United States and Federalism
The separation of power in the United States has been focused on power-sharing between independent state governments and the central government. The whole mechanism is referred to as federalism. Perhaps notably, the Constitution aids in the reflection of general concepts of federalism. As a result, American citizens are bound to both federal and state rule.
Supremacy of the Constitution
Notably, the federal government plays a critical role in enacting policies to resolve concerns of public interest under powers. Such powers are specifically stated in the constitution. The States remain free to regulate matters that fail to extend beyond their borders by the use of appropriate regulation.
Exclusive Powers
The Supreme Clause, popularly known as the Article VI of the Constitution, states that the Constitution, treaties and federal laws act as the supreme laws in the U.S. In simple terms, a state law cannot be enforced - it is either unconstitutional or conflicts with the federal law (Cheeseman, 2014). Moreover, the Constitution requires that the States, as well as their courts, recognize and respect the laws.
Reserved Powers
In light of the reserved powers, the state governments, unlike the federal government are not limited to some particular constitutional grants of power. The 10th Amendment rather outlines that the States are charged with the responsibility of retaining all powers that are forbidden to the federal governments or have not been granted to them by the Constitution (Cheeseman, 2014). It is important to remember that many of the federal powers overlap with the powers of the State.
Conclusion
In summary, the federal government is charged with the responsibilities of declaring war, coining money, and overseeing interstate and foreign trade. Additionally, the level of government helps in conducting foreign relations. State governments, on the other hand, play a vital role of ratifying amendments, and the provision of education. Furthermore, the State government oversees trade within the State and manages safety and public health.
Reference
Cheeseman, H.R. (2014). E-Study guide for: Business law. US: Content Technologies, Inc.
