US Federal Government: Powers and Landmark Cases

Posted on Feb 18, 2025 in Law & Jurisprudence

America’s Form of Government: Federalism

The United States operates under a federal form of government, a unique system that divides powers between the federal government and state governments. This structure combines elements of two other government types:

  • Confederal Government: In a confederal system (like the Confederate States of America or under the Articles of Confederation), states and local units hold the most power.
  • Unitary System: In a unitary system (e.g., Japan, China, France), the national government holds all power, with no states or limited power granted to local units. Some European countries use “home rule,” granting limited power to local areas.

Separation and Division of Powers

The US system features both:

  • Separation of Powers: Three branches of government (legislative, executive, judicial) at the federal level.
  • Division of Powers: Power is divided between the federal (national) government and the states.

National Powers (Federal Government)

The federal government is supreme in:

  • War/Military
  • Coining Money
  • Foreign Affairs
  • Interstate Commerce

State Powers

States have authority over:

  • Education
  • Elections (domestic, requirements)
  • National Guard (state emergencies)
  • Law Enforcement
  • Infrastructure (water, electricity, wind power, bridges)
  • Crimes

Shared Powers

Both the federal government and states share the power to:

  • Tax: Federal and state taxes vary. Examples include sales tax, property tax, income tax, “sin” taxes (tobacco, marijuana, alcohol, gambling), and luxury taxes (boats, sports cars). Tax rates and types can differ significantly between states.

Landmark Supreme Court Cases

Marbury v. Madison (1803)

This case arose from the 1800 presidential election between Adams and Jefferson. Outgoing President Adams appointed 42 justices of the peace (“Midnight Judges”) on March 3, 1801. The judicial commissions (official papers) required delivery. Adams’ Secretary of State, John Marshall, was responsible but left the task to his brother, James Marshall. Only 38 commissions were delivered.

William Marbury, one of the appointees who did not receive his commission, sued James Madison (the new Secretary of State). Marbury sought a writ of mandamus (a court order forcing federal officials to perform their duties) based on Section 13 of the relevant legislation.

The case established the principle of Judicial Review: the power of a court to determine if a law, treaty, or administrative regulation violates the Constitution.

McCulloch v. Maryland (1819)

In 1816, the United States government established the First Bank of the United States. A branch of this bank was located in Baltimore, Maryland. Maryland, an anti-federalist state, opposed the federal government’s presence and attempted to tax the bank.

Two key questions arose:

  1. Could the US establish a bank in Maryland?
  2. Could Maryland tax the federal bank?

Chief Justice John Marshall, a federalist who served for 34 years, presided over the case.

The Court’s decision, based on:

  • Article 1, Section 8 (Necessary and Proper Clause): The federal government has the power to take actions necessary to carry out its enumerated powers. Establishing the bank was deemed necessary.
  • Article 6 (National Supremacy Clause): When state law conflicts with federal law, federal law prevails. Taxing the bank was seen as an attempt to destroy a federal institution.

The Court ruled that the US *could* establish the bank, and Maryland *could not* tax it.