The most forceful defense of the new Constitution was The Federalist Papers , a compilation of 85 anonymous essays published in New York City to convince the people of the state to vote for ratification.
These articles, written by Alexander Hamilton and James Madison, examined the benefits of the new Constitution and analyzed the political theory and function behind the various articles of the Constitution. Those opposed to the new Constitution became known as the Anti-Federalists. They were generally local, rather than cosmopolitan, in perspective, oriented toward plantations and farms rather than commerce or finance, and wanted strong state governments with a weaker national government.
The Anti-Federalists believed that the legislative branch had too much unchecked power, that the executive branch had too much power, and that there was no check on the chief executive. They also believed that a Bill of Rights should be coupled with the Constitution to prevent a dictator from exploiting citizens.
The Federalists argued that it was impossible to list all the rights and that those not listed could be easily overlooked because they were not in the official bill of rights. After the Civil War, the federal government increased its influence on everyday life and its size relative to state governments. Reasons included the need to regulate businesses and industries that spanned state borders, the attempts to secure civil rights, and the provision of social services.
The federal government acquired no substantial new powers until the acceptance by the Supreme Court of the Sherman Anti-Trust Act. The Great Depression marked an abrupt end to dual federalism and a dramatic shift to a strong national government. President Franklin D. The national government was forced to cooperate with all levels of government to implement the New Deal policies; local government earned an equal standing with the other layers, as the federal government relied on political machines at the city level to bypass state legislatures.
In the final analysis, federalism in the United States has been structured to protect minority rights while giving enough power to the states to control their own affairs. The federal government is composed of three branches: executive, legislative, and judiciary, whose powers are granted by the Constitution. The federal government is composed of three branches: legislative, executive and judicial. Powers are vested in Congress, in the President, and the federal courts by the United States Constitution.
The powers and duties of these branches are further defined by acts of Congress, including the creation of executive departments and courts inferior to the Supreme Court. It is based on the principle of federalism, where power is shared between the federal government and state governments. The powers of the federal government have generally expanded greatly since the Civil War. However, there have been periods of legislative branch dominance since then. A theoretical pillar of the United States Constitution is the idea of checks and balances between the powers and responsibilities of the three branches of American government.
Congress is the legislative branch of the federal government. It is bicameral, comprised of the Senate and the House of Representatives. The Constitution grants numerous powers to Congress, including the power to:. Since the United States was formed, many disputes have arisen over the limits on the powers of the federal government in the form of lawsuits ultimately decided by the Supreme Court. The executive power in the federal government is vested in the President, although power is often delegated to the Cabinet members and other officials.
The President and Vice President are elected as running mates by the Electoral College for which each state, as well as the District of Columbia, is allocated a number of seats based on its representation in both houses of Congress. The President is limited to a maximum of two four-year terms.
If the President has already served two years or more of a term to which some other person was elected, he may only serve one more additional four-year term. The Judiciary explains and applies the laws.
This branch hears and eventually makes decisions on various legal cases. Section I also establishes a lifetime tenure for all federal judges and states that their compensation may not be diminished during their time in office. Article II, section II establishes that all federal judges are to be appointed by the president and confirmed by the Senate.
State governments are republics formed by citizens in the jurisdiction as provided by the Constitution. State governments in the United States are the republics formed by citizens in the jurisdiction as provided by the Constitution.
State governments are structured in accordance with state law and they share the same structural model as the federal system; they also contain three branches of government: executive, legislative, and judicial. The Tenth Amendment states that all governmental powers not granted to the federal government by the Constitution are reserved for the states or the people.
Each of the state has its own government. The legislative branch of the states consists of state legislatures. Every state except for Nebraska has a bicameral legislature, comprised of two chambers. In the majority of states, the state legislature is called the Legislature. The rest of the states call their legislature the General Assembly. An elected Governor heads the executive branch of every state.
Most states have a plural executive, where several key members of the executive branch are directly elected by the people and serve alongside the Governor. Each state government is free to organize its executive departments and agencies in any way it likes, resulting in substantial diversity among the states with regard to every aspect of how their governments are organized. A supreme court that hears appeals from lower state courts heads the judicial branch in most states.
Most states have at least one trial-level court and an intermediate appeals court from which only some cases are appealed to the highest court. Powers of local governments are defined by state rather than federal law, and states have adopted a variety of systems of local government. Local government in the United States is structured in accordance with the laws of the individual states, territories and the District of Columbia. Typically each state has at least two separate tiers of local government: counties and municipalities.
Some states have their counties further divided into townships. There are several different types of local government at the municipal level, generally reflecting the needs of different levels of population densities; typical examples include the city, town, borough and village. The Tenth Amendment to the Constitution makes local government a matter of state rather than federal law, with special cases for territories and the District of Columbia.
The states have adopted a wide variety of systems of local government. The US Census Bureau conducts the Census of Governments every five years to compile statistics on government organization, public employment, and government finances. The categories of local government established in this Census of Governments is a convenient basis for understanding local government: county governments, town or township governments, municipal governments and special-purpose local governments.
County governments are organized local governments authorized in state constitutions and statutes. Counties form the first-tier administrative division of the states. All the states are divided into counties for administrative purposes. A number of independent cities operate under a municipal government that serves the functions of both city and county. In areas lacking a county government, services are provided either by lower level townships or municipalities or the state.
Town or township governments are organized local governments authorized in the state constitutions and statutes of states, established to provide general government for a defined area, generally based on the geographic subdivision of a county. Depending on state law and local circumstance, a township may or may not be incorporated, and the degree of authority over local government services may vary greatly. In particular, towns in New England have considerably more power than most townships elsewhere and often function as independent cities in all but name, typically exercising the full range of powers that are divided between counties, townships and cities in other states.
Municipal governments are organized local governments authorized in state constitutions and statutes, established to provide general government for a defined area, generally corresponding to a population center rather than one of a set of areas into which a county is divided.
The category includes those governments designated as cities, boroughs, towns, and villages. This concept corresponds roughly to the incorporated places that are recognized in Census Bureau reporting of population and housing statistics.
Municipalities range in size from the very small to the very large, reflected in the range of types of municipal governments that exist in different areas. In most states, county and municipal governments exist side-by-side. In some states, a city can become independent of any separately functioning county government and function both as a county and as a city. Depending on the state, such a city is known as either an independent city or a consolidated city-county.
Municipal governments are usually administratively divided into several departments, depending on the size of the city. Article Four of the United States Constitution outlines the relationship between the states, with Congress having power to admit new states. In the United States, states are guaranteed military and civil defense by the federal government. The federal government is also required to ensure that the government of each state remains a republic.
Four states use the official name of Commonwealth, rather than State. However, this is merely a paper distinction. In the event there is a conflict of powers held concurrently by the state and federal government, federal law and powers supersede state law and powers. The point of concurrent powers is that there are many actions necessary to governmental operation at both the state and federal level. These include such services as maintenance and operation of the government itself, maintaining public facilities and roads, and maintaining fire departments and law enforcement.
These things cost money, and this is the reason for taxation. While some people feel it is unfair or unconstitutional to essentially be taxed twice , concurrent powers afforded by the Constitution enables each governmental body providing such services to collect taxes from the citizens within the jurisdiction. Another way of providing services to a large and growing nation, when taxes collected are not enough, is for the government to borrow money.
Borrowing money affects taxpaying citizens, as this money must eventually be repaid to the lenders, and this is often accomplished by charging higher taxes. Borrowing money is another power afforded by concurrent powers. John Jones becomes angry about the amount of taxes he is forced to pay, both on his income, and on his assets , such as the properties he owns. John files a civil lawsuit against the government, claiming that it is unconstitutional to tax him twice on the same assets.
John would be unsuccessful in such a suit, as the Constitution specifically gives the federal and state governments concurrent powers to tax citizens, in order to facilitate the operation of the governments at various levels. The framers of the Constitution believed that a division of powers was necessary to prevent a new national government from taking over by denying powers to the states.
Though the United States Constitution does not explicitly mention that the state and federal government should enjoy concurrent powers, it does imply their existence. LibLynx for Selected Online Resources. Discovery Services. Online User and Order Help. MARC Records.
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Review a Brill Book. Reference Works. Primary source collections. Open Access Content. Contact us. Sales contacts. Publishing contacts. Social Media Overview. Terms and Conditions. Privacy Statement. Login to my Brill account Create Brill Account. Editor: Nico Steytler. Concurrency of powers — the exercise of jurisdiction by federal governments and constituent units in the same policy areas — is a key, if not the central, mode of governance in most federal systems today.
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