Chapter 4 u7b14u8bb0.docx - Chapter 4 1 a federal form of...

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Chapter 41. a federal form of governmentin which the national government and thestates share sovereign power. 一种联邦形式的政府2. The Constitution sets forth specific powers that can be exercised by the national(federal) government. It further provides that the national government has theimplied power to undertake actions necessary to carry out its expresslydesignated powers (or enumerated powers). All other powers are expressly“reserved” to the states under the Tenth Amendment to the U.S. Constitution.3. Regulatory Powers of the StatesAs part of their inherent sovereignty (power to govern themselves), state governmentshave the authority to regulate certain affairs within their borders. As mentioned, thisauthority stems, in part, from the Tenth Amendment, which reserves all powers notdelegated to the national government to the states or to the people.4. State regulatory powers are often referred to as police powers. The termencompasses more than just the enforcement of criminal laws. Police powers alsogive state governments broad rights to regulate private activities to protect or promotethe public order, health, safety, morals, and general welfare. Fire and building codes,antidiscrimination laws, parking regulations, zoning restrictions, licensingrequirements, and thousands of other state statutes have been enacted pursuant tostates’ police powers. Local governments, such as cities, also exercise policepowers.Footnote Generally, state laws enacted pursuant to a state’s police powerscarry a strong presumption of validity.5. Following the Revolutionary War, the states adopted the Articles of Confederation.The Articles created a confederal form of government in which the states had theauthority to govern themselves and the national government could exercise onlylimited powers. Problems soon arose because the nation was facing an economiccrisis and state laws interfered with the free flow of commerce. A national conventionwas called, and the delegates drafted the U.S. Constitution. This document, after itsratification by the states in 1789, became the basis for an entirely new form ofgovernment.6. The Separation of PowersTo make it more difficult for the national government to use its power arbitrarily, theConstitution provided for three branches of government. The legislative branch makesthe laws, the executive branch enforces the laws, and the judicial branch interprets thelaws. Each branch performs a separate function, and no branch may exercise theauthority of another branch.7. Additionally, a system of checks and balances allows each branch to limit theactions of the other two branches, thus preventing any one branch from exercising toomuch power. Some examples of these checks and balances include the following:8. The legislative branch (Congress) can enact a law, but the executive branch (thepresident) has the constitutional authority to veto that law.

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