Power Research Paper Examples

Distribution of the powers between the Union and the states is produced by the US Constitution and based on the concept of "dualistic federalism", implying that the Union as a whole and its subjects have their own powers, under which they are completely independent. The Constitution divides the powers of the Union and the states in relation to the legislative sphere (“Constitution of the U.S.”, Sec. 8 of Art. I), that means, the competence of the US Congress outlines the range of terms of reference of the Union, the list of which is, basically, exhaustive, and, at the same time, forms the exclusive sphere of the conduction of the Union. States, in their turn, own the remaining spheres of competence, which follows from the meaning of X Amendment to the Constitution. To a large part of the exclusive rights of the Union, which are already set out above, in connection with the characteristics of the constitutional status of the Congress, it is necessary to add the right to "take in new states of the Union" (“Constitution of the U.S.”, Sec. 3 of Art. IV). Among the residual powers of the states the most important are: regulation and holding of the elections, the regulation of intrastate commerce (business relations), establishing a system of political-administrative division and local government, the judiciary of the state, health organization, the protection of public order, adoption, amendment and cancellation of the constitution and the laws of the relevant State. However, the constitutional separation of powers between the federation and the states using exclusive and residual competence is only the general scheme, correctable by certain provisions of the Constitution itself. Firstly, the exhaustive list of the powers of the Union is seriously shaken by the concept of so-called implied powers. Secondly, the distribution of the powers between the Union and the states with the help of exceptional and residual powers is complemented by a whole system of constitutional prohibitions, some of which are addressed only to the Union, the other - only to the states, and others – to both the Union and the states. Prohibitions, addressed to the Union in the face of the US Congress, already listed. States, in their turn, cannot enter into international agreements, join international organizations, grant letters of marque and reprisal, produce money emission, keep troops or military courts in peacetime, to engage in military action, and to levy import and export customs by duties and taxes. In addition, the Union and the states do not have the right to publish a bill of attainder and ex post facto laws, to grant titles of nobility, to suspend habeas corpus. Moreover, the Supreme Court of the United States contributed to a significant expansion of the competence of the Union in many of its decisions and doctrines in comparison with what could be subtracted from the text of the US Constitution and later amendments thereto. Along with explicitly mentioned in the Constitution limitations of the powers of the federation and the states, there is one additional, arising from the X amendment. According to it, residual powers belong not only to states, but also to the people. The term "people" here means the totality of the people, which implies the recognition of the natural character of their rights and the inadmissibility of violation of these rights by the state or the federation (Black, 1347).
Taking into account the factors above, the following system of disengagement of the spheres of influence is currently developed in the norm making of the Union and the states: the federal legislation is particularly important for the regulation of the economy, finance, defense, labor relations, environmental protection, customs regulations, interstate commerce, copyright, patent and other relations. In the spheres of criminal, judicial, electoral, and most of the civil law, regulation of the health care, education, and social security mostly act the applicable laws of the states.

Works cited

Black H. C. Black's Law Dictionary, 3rd ed. West Publishing Co., 1933. Web 12 April 2015.
Retrieved from: http://www.mindserpent.com/American_History/reference/1933_Black_3/sec_p.pdf
“Constitution of the United States”. The U.S. National Archives and Records Administration.
Web 12 April 2015. Retrieved from: http://www.archives.gov/exhibits/charters/constitution_transcript.html