How does the Supreme Court delineate between federal and state power?
The Supreme Court delineates between federal and state power in the United States by interpreting the Constitution and the laws passed by Congress. This means the Court must decide which powers are given to the federal government and which are reserved to the states. One way the Court does this is by looking at the Tenth Amendment, which states that all powers not given to the federal government are reserved for the states. This means that if Congress has not given the federal government the power to do something, then the states have the power to act. The Court also looks at the Supremacy Clause, which says that federal laws supersede state laws if there is a conflict. This means the federal government can preempt state laws if the federal government is regulating an area that is specifically given to them. Finally, the Court interprets various clauses in the Constitution and their meaning. This includes the Commerce Clause, which allows Congress to regulate commerce between states, and the Necessary and Proper Clause, which allows the federal government to make laws necessary to the execution of its powers. By looking at the Constitution and the laws passed by Congress, the Supreme Court can decide which powers are given to the federal government and which are reserved for the states. This helps to ensure that the balance of power between the states and the federal government is maintained.
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