Although the United States Constitution grants several powers to Congress, it prohibits the national government from doing certain things, and this constitutes the principle of the separation of powers. According to chapter VI of the Constitution, the laws passed by Congress on behalf of it are Supreme, and each of the 50 states in the US is subject to these powers. It is in this very clause that the Constitution establishes itself as the supreme source of law in the country (Kanovitz, 2010). The differentiation of powers is meant to ensure each entity has a clear set of roles to play and complement one another.
The United States Constitution provides for the powers of the delegates who are at times called expressed delegates or enumerated delegates. Article I and section 8 of the US Constitution grants these powers explicitly to the Federal Government (Kanovitz, 2010). Some of the functions given by these powers include the establishment of the post office, maintenance of armed forces, declaration of war, regulation of commerce, and the coinage of money (Kanovitz, 2010).
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Expressed powers are those that are usually directly granted by the United States Constitution. A delegated authority is the type that is given to the Federal government to exercise on behalf of the American people. These powers act as limits to what Congress can do and what it cannot do. Additionally, those powers regulate what Congress has the potential to control.
A critical factor in establishing is that the powers do not outline what the government cannot do but what they can do. Therefore, anything that is not stated in the constitution as something that Congress cannot do is termed as enumerated powers (Calomiris, Flandreau, & Laeven, 2016). This is because such powers itemize the authority of Congress. Congress operates within a paradigm of delegated powers and expected responsibilities. Enumerated capabilities allow for Congress to conduct voting, determining whether or not something will become law (Calomiris, Flandreau, & Laeven, 2016). Moreover, the role of Congress over legislation is tremendous because it initially writes the laws.
Reserved powers are the type of capabilities that are neither enumerated nor prohibited by the constitution. However, the structure reserves typically such forces for a specific authority, for instance, the state government. The reserved powers are not found within the Constitution. However, they are enshrined in the Tenth Amendments. For example, the state reserves the power to prosecute crimes which are translated to mean an infringement on the power of the country to prosecute crimes and instill law and order. The Federal Law Enforcement cannot intrude in a case under the jurisdiction of the State Court.
Question 2
Whereas the state and the Federal government play different roles and have different powers even though the US Federal government power reign supreme, there are some powers that both levels of government exercise and these are called concurrent powers. Such forces may be exercised at the same time within similar territories (Hunter, 2018). They can be performed concerning the same subject matter and concerning the same body of citizens. Concurrent powers are generally pitted against the reserved forces which are outside the jurisdiction of the Federal government (Hunter, 2018). State governments share the potential to develop the state with the Federal government. Other additional powers include taxing the citizens, creating lower courts, and building roads.
References
Calomiris, C., Flandreau, M., & Laeven, L. (2016). Political foundations of the lender of last resort: A global historical narrative. Journal of Financial Intermediation, 28 (1), 48-56.doi. 10.1016/j.jfi.2016.09.002
Hunter, N. (2018). The Reach of Congressional Power. New York: Oxford.
Kanovitz, J. (2010). History, Structure, and Content of the United States Constitution: Constitutional Law (Twelfth Edition). New York: Oxford.
