Question

explain the relationship between the federal government and state governments. Use two examples within your analysis of how federalism works and analyze its strengths and weaknesses. Include analysis of supremacy, devolution, police power, preemption, and concurrent power

Answer 1

Relationship between the federal government and state government can be described with the help of following points :

Abstract

In the United States, the government operates under a principle called federalism. Two separate governments, federal and state, regulate citizens.

The federal government has limited power over all fifty states. State governments have the power to regulate within their state boundaries. State powers are also limited in the sense that states cannot make laws that conflict with the laws of the federal government.

Powers of the Federal Government

The power of the federal government to regulate and make laws is limited by the U.S. Constitution, which grants express and implied powers to regulate.

Express powers are granted to the U.S. Congress in Article I, Section 8 of the Constitution, which gives Congress the right to regulate such matters as the coining of money, the post office, and the military.

Along with the express powers, the federal government also has the power to make all laws that are necessary and proper for executing any of the stated powers. When Congress makes laws under this provision, it is using its implied powers. Implied powers must be related to one of the express powers.

Matters that are not within the express or implied powers of the federal government are generally left to the states to regulate.

The Tenth Amendment to the U.S. Constitution provides, “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.”

Powers of the State Government

States have very broad powers to make laws that apply within the state boundaries. States are said to have general police powers.

This means that states can make laws that provide for the general health, welfare, and safety of its citizens.

However, they cannot make laws that conflict with federal laws. Nor can states enact any laws in areas that are preempted by the federal government.

Some subject areas that cannot be regulated by states are set out in Article I, Section 10 of the Constitution and include such activities as entering into treaties, coining money, and passing ex-post facto laws.

Police powers

The authority of states to make laws that provide for the general health, welfare, and safety of its citizens.

Example of Federal System

Examples: The United States, Australia, the Federal Republic of Germany.

Power is shared by a powerful central government and states or provinces that are given considerable self-rule, usually through their own legislatures.