Federalism and the Seperation of Powers

by Craig Arzola, May 2015

300 words

1 page

essay

Federalism is the system of the separation of powers between two or several governments, the privileges of which cover the same citizens and the same territory. Federalism in the United States can be characterized by the separation, combination of powers and the competition between all levels of government, which, in its turn, is the source of energy and strength in the American system of government.

“Separation of powers divides power among the executive, legislative, and judicial branches as distinct departments of American national government. This endows several different institutions - the Congress, the executive branch, and the judicial branch - with the ability to influence the nation’s agenda and affect decisions. This also establishes a system of checks and balances in which power is divided to ensure that no one branch becomes predominant” (“Federalism and The Separation of Powers: 2011).

There is only one source of power, namely the central or national government during the unitary system of government that is currently the most common form of government in the world. Despite the fact that democracy can thrive in both systems, the differences between the two types of state power are obvious and significant.

The principle of the separation of powers was introduced by the U.S. Constitution in 1787. The “founding fathers” (Alexander Hamilton, James Madison, and John Jay) developed a classical model. They complemented it with the model of the “vertical” separation of powers, that is, by means of the division of powers between the federal and state governments.

The laws of the national government, which is located in Washington, DC, are applied to any person residing within the boundaries of the state, while the laws of each of the 50 states are applied only to people residing in the territory of the relevant state. According to the U.S. Constitution, the Congress has the authority to cancel a state law, but the state can not assume the powers relating exclusively to the national government. Under the conditions of the American Federalism the U.S. Constitution is the source of authority for the national government, and for the state government. This document, in its turn, reflects the will of the American people, the highest authority in a democracy.

In a federal state the central government fulfills certain powers and has full sovereignty in the area of foreign policy. The execution of powers in the field of the domestic policy is rather complicated. In accordance with the Constitution of the United States the government has the exclusive power to regulate the interstate commerce and foreign trade, money issues, addressing the naturalization of immigrants, maintenance of the army and navy, as well as other issues.

Works Cited

“Federalism and The Separation of Powers”. (2012). American Government. Available at: HYPERLINK "http://wwnorton.com/college/polisci/american-government12/brief/ch/03/o utline.aspx" http://wwnorton.com/college/polisci/american-government12/brief/ch/03/ou tline.aspx

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