the United States Congress

In the Tenth Amendment, the Constitution also recognizes the powers of the state governments. The new Tenth Amendment stated: “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.” …

Definition: Enumerated powers are powers of the federal government that are specifically addressed in the Constitution; for Congress, including the powers listed in Article I, Section 8, for example, to coin money and regulate its value and impose taxes.

Federalism is the system of government in which power is divided between a central government and regional governments; in the United States, both the national government and the state governments possess a large measure of sovereignty.

The Constitution was created based on the idea of federalism. Under this system of government, power is divided between the national government and the states. Each level of government has its own powers, ruling bodies, officials, and laws. Each level has power to do things the other level cannot.

There are three distinct types of delegated powers: expressed, implied, and inherent.

Why does the Constitution divide power between the national and state governments? It gives the national government certain specified powers, reserving all other powers to the states or to the people.

The Supreme Court can determine what federal laws mean and can overturn them if they are unconstitutional. Each state has its own supreme court, which interprets that state’s constitution and laws. How do the three branches share, check, and balance power?

The United States Constitution grants specific powers and rights to the federal government, called “delegated powers”, if it is not outlined in it, then the government should not do it. This way, it prevents conflict between federal and state government, and also prevents the government from abusing of its power.

Constitution created a stronger federal government and divided powers between the central and state government. The constitution also had checks and balances to prevent any one part of the government from becoming too powerful. It also gave central government with a executive and judicial branch.

Separation of powers, therefore, refers to the division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another. The intent is to prevent the concentration of power and provide for checks and balances.

Concurrent powers are powers that are shared by both the State and the federal government. These powers may be exercised simultaneously within the same territory and in relation to the same body of citizens. These concurrent powers including regulating elections, taxing, borrowing money and establishing courts.

the judicial branch

First it creates a national government consisting of a legislative, an executive, and a judicial branch, with a system of checks and balances among the three branches. Second, it divides power between the federal government and the states. And third, it protects various individual liberties of American citizens.

Constitutional laws can be considered second order rule making or rules about making rules to exercise power. It governs the relationships between the judiciary, the legislature and the executive with the bodies under its authority.

A written constitution is generally rigid and its amendments need constitutional laws. In other words a distinction between constitutional law and ordinary law is maintained. The first is regarded as superior to the second. Unwritten constitution is not rigid and its amendments DO NOT need any laws.