Federal_and_State_Powers

Federal and State Powers: Explain how the Supremacy Clause and 10th amendment to the U.S. Constitution affects states’ rights. Include a discussion on what powers the states have reserved for themselves. A Written Assignment Commercial Law – LEG 565 Fall 2009 Federal and State Powers Supremacy clause The following text is the Supremacy Clause of the United State Constitution, article VI in paragraph 2 retrieved from website leclaw.com: This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the contrary notwithstanding The Supremacy Clause has forms the Constitution, federal laws and regulations, and U.S. treaties, as the supreme law of the land. These were certified as the highest law of the United State legal system, which state or local laws are unconstitutional if they are conflict with federal law. Tenth Amendment “Bill of Rights” is a warranty of certain the primary rights to natural persons and protects these rights from intrusive government action (Cheeseman, p. 42). Additionally, the Tenth Amendment was established and known as a part of the “Bill of Rights” to the United State Constitution. From website billofrightsinstitute, the following is the text of Tenth Amendment in the Bill of Rights: 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. The Tenth Amendment was ratified in 1791(from article The 10th Amendment, website Revolutionary war and beyond), which has an object to limit the power of the federal government because people want to have enough their own power in hand to retain their local state and do not want the government has too much power in hand, which is a guarantee of states’ right. Moreover, to preclude the federal government from taking over power that it was not granted, the Founding Fathers included the below statement in Article II of the Articles of Confederation, which supports the states’ right: Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States, in Congress assembled. From the text of the Tenth Amendment, the Constitution designed the federal government to be a government of enumerated powers. It means that the federal government only has powers that have been provided by the people specifically in the Constitution, Other powers are reserved to the people or the states, not delegated to the federal government. The Tenth Amendment link to the Article I, section 10 of the Constitution of the United States, which retrieved from website bill of rights institute express the limitations on states as follow: No state shall enter into any treaty, alliance, or confederation; grant letters of marquee and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility. No state shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws: and the net produce of all duties and imposts, laid by any state on imports or exports, shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the Congress. No state shall, without the consent of Congress, lay any duty of tonnage, keep troops, or ships of war in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay. The Tenth Amendment has issued the power among the federal government and the state government base on “Federalism”. From the Constitution, the federal government is a government of express enumerated powers whereas the state governments are governments of general powers, with the exception, as shown above in article II section 10, which lists actions that states may not take, along with certain actions they can take only with the consent of Congress. The article Federalism: National vs. State Government taken from website about.com has expressed that the Tenth Amendment has come out as a concept “federalism” which is the power-sharing form of the federal and state governments, and both Federal government and state governments are permitted certain exclusive powers and share other powers under the United Constitution. Exclusive Powers of the Federal Government The powers reserved to the federal government including; Establish post offices and issue postage, establish an army and navy, print money (bills and coins), regulated commerce between states and international trade, enter into treaties with governments of foreign countries, make laws necessary to enforce the Constitution, declare war. Exclusive Powers of State Governments The powers that have been reserved for state governments including; Conduct elections, issue licenses (marriage, driver, hunting, etc.), establish local governments, exercise powers neither delegated to the national government or prohibited from the states by the United State Constitution (for example, setting legal drinking and smoking ages.), provide for public health and safety, ratify amendments to the United State Constitution, regulate intrastate (within the state) commerce. Powers Shared by National and State Government The shared power or concurrent powers including: Building highways, creating and collecting taxes, setting up courts, taking (condemning) private property with just compensation, spending money for the betterment of the general welfare, chartering banks and corporations, borrowing money, making and enforcing laws. Reference The Bill of Rights, amendment II. Tenth Amendment. Retrieved December 4, 2009, from http://www.billofrightsinstitute.org/Instructional/Resources/FoundingDocuments/Docs/TheBillofRights.asp#10 U.S. Constitution, article VI in paragraph 2. Supremacy Clause. Retrieved December 5, 2009, from http://www.lectlaw.com/def2/s105.htm About.com: US Government Info. Federalism: National vs. State Government. Retrieved December 6, 2009, from http://usgovinfo.about.com/od/rightsandfreedoms/ a/federalism.htm'once=true& Revolutionary-war-and-beyond. The 10th Amendment. Retrieved December 7, 2009, from http://www.revolutionary-war-and-beyond.com/10th-amendment.html Cheeseman R. H.(2009) Contemporary business and online commerce law: Bill of Rights edition sixth. Pearson publishing (P.42).