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The Structure of the Legal System – Federalism
BobbieSue Watts
Kaplan University

The Structure of the Legal System – Federalism Within the United States, citizens are structured under two different governments, federal and state. Governments function under a principle called federalism. Federalism is a system of government in which people are regulated by both federal and state governments. (Banker, 2010, p. 16) Each government plays a role in the structure of the American legal system. Federal government has power over all fifty states, while state government only has the power within their own boundaries. The power of the state government can only make laws that doesn’t conflict with the federal government. Each government has their own organization that they follow that makes the American legal system. The federal government consists of three branches: legislative, judicial, and exective. Within our legal system each branch of government plays a distinctive role that doesn’t over power the other branches due to checks and balances. The legislative branch consists of congress which writes the laws. The judicial branch consists of the Supreme Court that interupts the laws. The exective branch is the president and the president’s cabinet that enforces the laws. (Banker, 2010, p. 22) The federal government is granted express and implied powers. Express powers are granted to congress and spelled out in the U.S. Constitution. Implied powers are regulated powers that are derived from the express powers. Congress has the right to regulate such matters as coining money, establishing post offices, and to make all laws necessary and proper for carrying out delegated powers. (Banker, 2010, p.16). “The U.S. Constitution establishes and defines the role of the federal government and its relationship to the people of the United States” (Banker, 2010, p.25). States have a

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