United States governance operates under two overlapping systems: a Federal Legal System and State Legal Systems (federalism).
Federalism definition: A system of government in which the people are regulated by both the federal government and state government.
Constitutional basis for federal/state division: Article IV, Section 4 of the U.S. Constitution guarantees a republican form of government to every state and protections against invasion and domestic violence when the legislature cannot be convened.
Supremacy Clause: Article IV declares that the laws of the United States are the Supreme Law of the land.
Preemption: Federal laws can be the exclusive lawmaker in certain areas, limiting or displacing state laws.
State Sovereignty: The Tenth Amendment reserves to the states or the people those powers not delegated to the United States by the Constitution nor prohibited to the States.
The Power of Congress is vested in Congress and defined primarily in Article I, Section 8 (the Enumerated Powers).
Federal vs State Powers balance: States have Police Powers to regulate health, welfare, and safety; federal power is sometimes limited or expansive depending on constitutional grants and interpretations.
The Constitutional Basis for Federal Power
The Federal Government has limited powers to regulate conduct and limited reach across all states; the State Governments retain broad authority under their Police Powers.
The Supremacy Clause makes federal law the Supreme Law of the land, which can preempt state law when conflicts arise.
Preemption doctrine sometimes results in exclusive federal legislation in specific domains (e.g., monetary policy, post offices, war, treaties, militia, defense).
The Powers of Congress are enumerated in Article I, Section 8 of the Constitution and include the following:
1 Collect taxes, pay debts, provide for the common defense and welfare of the United States
2 Borrow Money
3 Regulate Commerce with foreign nations and between states
4 Establish Rules for naturalization and bankruptcy
5 Coin and Regulate money
6 Punish counterfeiting
7 Establish Post Offices
8 Establish copyright and patent prosecutions
9 Establish inferior courts
10 Define and punish piracies and felonies on the high seas
11 Declare War
12 Raise and support armies
13 Maintain a Navy
14 Regulate land and naval forces
15 Call for a militia
16 Organize, arm, and train a militia
17 Govern the area to become the seat of federal government
18 Make all laws necessary to carry out the foregoing powers
Express Powers: Powers explicitly granted to Congress in the Constitution.
Implied Powers: The powers that Congress has to regulate that are derived from the Express Powers.
Where Do Implied Powers Come From?
The basis for implied powers is the authority to regulate commerce with foreign nations and among the states, plus the clause that allows Congress to make all laws necessary to carry out the foregoing powers.
Commerce Clause: A section of the U.S. Constitution found in Article I, Section 8, giving Congress the right to regulate foreign and interstate commerce.
Key Case: Katzenbach v. McClung (Civil Rights Act & Interstate Commerce)
Supreme Court case addressing discrimination in a diner in Alabama.
The Court held that discrimination in a local restaurant could be regulated by Congress because of interstate commerce connections: 49% of the diner’s meat traveled in interstate commerce, valued at ext70,000 dollars.
Conclusion: A sufficiently substantial connection to interstate commerce allows Congress to regulate local discriminatory practices under the Civil Rights Act.
Modern Day reference example: Felon in Possession of a firearm (Indictment) shows continued use of federal commerce powers to regulate firearm possession when the defendant's actions relate to interstate commerce.
Related statutory references in indictments often include 18extU.S.C.ext§922(g)(1) (possessing a firearm as a previous felon) and 18extU.S.C.ext§924(c) (use or carry of a firearm during a crime).