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Watch, Listen To Jan. 6 Committee HearingWatch and/or listen to a livestream of the Jan. 6 Committee hearing. The hearing begins at about 12 p.m. Watch | Listen In this Friday, March 27, 2020 photo provided by Office of Governor Andrew M. Cuomo Gov. Andrew Cuomo, briefs the media inside a nearly completed makeshift hospital at the Jacob Javits Convention Center in New York. Darren McGee/Office of Governor Andrew M. Cuomo via AP Air Date:
States are largely taking their own actions in the fight against coronavirus, and some say that shows the flaws in the American system of federalism. We hear a perspective on some of the system's strengths and weaknesses during a global pandemic. Wisconsin Public Radio, © Copyright 2022, Board of Regents of the University of Wisconsin System and Wisconsin Educational Communications Board.Commenting PolicyWisconsin Public Radio and WPR.org welcome civil, on-topic comments and opinions that advance the discussion from all perspectives of an issue. Comments containing outside links (URLs) will only be posted after they’ve been approved by a moderator. WPR.org will delete comments that violate our guidelines. Visit our social media guidelines for more information about these policies. 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 GovernmentThe 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.”
As a practical matter, however, the power of the federal government to pass laws and to regulate is extensive. One reason for this is that the Supreme Court has given a broad interpretation to the Commerce Clause. This clause gives the federal government the right to regulate interstate commerce. In the past, the Court has liberally interpreted this power. For example, Congress used this section to justify numerous laws, including civil rights legislation. Powers of the State GovernmentStates 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.
Areas commonly regulated by states include criminal conduct, contractual relationships, civil tort liability, and forms of business such as partnerships and corporations.
What is the balance of power between the state and federal governments?Federalism describes the system of shared governance between national and state governments. The states and the federal government have both exclusive and concurrent powers, which help to explain the negotiation over the balance of power between them.
How did the Constitution balance state and federal power?Under the Constitution, the state legislatures retain much of their sovereignty to pass laws as they see fit, but the federal government also has the power to intervene when it suits the national interest. And under the “supremacy clause” found in Article VI, federal laws and statutes supersede state law.
What is the difference between state government and federal government?In the United States, the state government and federal government share power. The federal government makes policies and implements laws on a national level while state governments do the same for their region of the country.
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