The US Federal Government System: Powers, Structure, and Judicial Review

The US Federal Government System

Division of Powers

The United States employs a federal government, dividing powers between the federal and state governments. This contrasts with confederal systems (like the Confederacy during the Civil War, under the Articles of Confederation), where states hold more power, and unitary systems (like Japan, China, and France), where the national government holds all power.

Some European countries practice home rule, granting limited power to local areas.

National Powers (Federal Government)

The federal government holds supreme authority in:

• Military and War
• Coining Money
• Foreign Affairs and Treaties
• Interstate Commerce

State Powers

States retain control over:

• Education
• Elections
• National Guard (for state emergencies)
• Law Enforcement
• Infrastructure (water, electricity, bridges, etc.)
• Intrastate Crimes

Shared Powers (Concurrent Powers)

Both federal and state governments share the power to:

• Tax (sales, property, income, "sin" taxes on items like tobacco and alcohol, luxury taxes)

Note: State taxes vary.

Separation of Powers

The US government features a separation of powers among three branches:

• Legislative
• Executive
• Judicial

Marbury v. Madison (1803) and Judicial Review

Background: In 1800, outgoing President Adams created 42 "Midnight Judges" just before Jefferson took office. Adams' Secretary of State, John Marshall, was tasked to deliver the judicial commissions. Marshall left this to his brother, James, who failed to deliver four. Marbury, one of the appointees, sued incoming Secretary of State, James Madison.

Writ of Mandamus: Marbury sought a writ of mandamus, an order to force a federal official to perform a duty.

Judicial Review: This case established the principle of judicial review, the power of courts to review laws and determine their constitutionality.