Question

Explain the concept of dual sovereignty between the states and the federal government, and how powers are divided between them.  

Identify and explain a current issue where the laws of the federal government and the states are in conflict. Remember to cite your sources, and cite case law with each student reply.  

Answer 1

• Dual sovereignty is a doctrine holding that more than one sovereign (as a state government and the federal government) may prosecute an individual without violating the prohibition against double jeopardy if the individual's act breaks the laws of each sovereignty.
• Under the so-called dual sovereignty doctrine, the double jeopardy clause of the United States Constitution does not prohibit successive federal and state prosecutions for the same conduct.
• The U.S. Constitution uses federalism to divide governmental powers between the federal government and the individual state governments.
• Federalism is a division of power between the federal government and the individual state governments. Each government entity has responsibilities over the matters that are best addressed at that level of government.
• Federalism is established through the Constitution's Supremacy Clause. This clause states that the U.S. Constitution is the supreme law of the land.
• Through the Tenth Amendment, we know that all powers not specifically granted to the federal government are reserved to the states. It would seem that these two sections operate together to form a clear division of powers, but that's not the case.
• The powers specifically named and assigned to the federal government or prohibited to be exercised by the states under the U.S. Constitution, also known as delegated powers.
• The national government has very specific enumerated powers including the regulation of interstate and international trade, coinage and currency, war, maintenance of armed forces, postal system, enforcement copyrights and power to enter into treaties.
• Reserved Powers-Powers that are not granted to the federal government that belong to (are reserved to) the states and the people.
• In this case, all powers not specifically delegated to the Federal Government are to be reserved or saved for the State Governments. These powers include power to establish schools, establishment of local governments, and police powers.
• The federal government determines foreign policy, with exclusive power to make treaties, declare war, and control imports and exports. The federal government has the sole authority to print money. Most governmental responsibilities, however, are shared by state and federal governments and these include taxation, business regulation, environmental protection, and civil rights.
• Concurrent Powers – Concurrent means “at the same time.” Concurrent powers are those that both the federal and state governments share simultaneously, for example the power to tax, maintain courts and the ability to construct and maintain roads.
• Due to time limit,remaining questions can be asked as another question,they will be answered,thankyou for your cooperation