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Essay / The federal government and state government in the...
The United States is run under a federal system. This means that there are two forms of government, federal and state, in which the citizens or the people are regulated. That being said, the federal government and state government are both constituted the same way; there are three branches of government in each system over which a single branch cannot have complete control, also known as the system of checks and balances. Just as the federal government has a constitution, each state also has its own constitution and the ability to pass laws affecting citizens or people living within that state's borders. When a jurisdictional conflict arises between federal law and state law, the Supremacy Clause comes into effect. Under the United States Constitution, the federal government has the ability to make laws regarding expressed powers. Expressed powers are powers granted to Congress by the United States Constitution that allow them to regulate federal matters such as coinage, the post office, or the military. They also have the power to pass laws related to expressed power, called implied powers. This means that Congress can only pass laws with the power granted to it by the U.S. Constitution and that its laws constitute the supreme law of the land. For example, in Colorado, recreational marijuana is legal, but under federal law, consuming or possessing marijuana is illegal. If a person is arrested with less than an ounce of marijuana on their person and is over the age of twenty-one, the state will not charge them with possession of a controlled substance. Now, if the person is arrested by a federal agency, even if they are on the Colorado state line, the federal government has the right to obtain a warrant and arrest the person for possession of a substance controlled. The Federal Court has this right because federal laws trump state and local laws.