Separation of Power

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Separation of Power
According to the law, the federal and state governments have different powers although, to some extent, the federal governments have an influence on state governments. The federal government retains substantial powers which it interferes with the affairs of the state governments (Wilson 35). It can correctly be said that there is no division of powers between the two levels of government because the state powers get their powers mainly from the federal government.
The laws of the US are supreme especially concerning their objects, but the state laws are also supreme in some way. The state has the authority to pass legislation that applies to them. For example, the states have the power to prosecute crimes such as murder and theft, and the federal government cannot control them. Other capabilities of the state governments are the establishment of the local governments, regulation of interstate commerce and ratification of constitutional amendments (Rosenbloom 83). The exclusive powers of the federal government include the regulation of foreign commerce, conducting foreign affairs, declaration of war, the establishment of inferior courts and rising of the armies. There are powers which do not belong to any level of government. They are exercised by the federal and states government in the most effective way possible as provided under the law. These include the power to collect the tax, the power to make laws and enforce them, the power of eminent domain and establishment of courts.

It is important to note that the constitution has put in place several checks and balances such as the veto powers of the president, the overriding veto power of the Congress and the judicial review to limit the independence of each level of the government. However, the federal governments have more powers to an extent of influencing the affairs of the state governments. Under federalism, the governments are limited especially on how they exercise their powers.
Works Cited
Rosenbloom, David H. “3a. Public Administrative Theory and the Separation of Powers.” The Constitutional School of American Public Administration. Routledge, 2016. 78-94.
Wilson, Woodrow. Constitutional government in the United States. Routledge, 2017.