Federalism and the Separation of Powers

Poli Sci 1100 Quiz 3

What is the separation of powers?

Separation of powers ensures that the legislative, executive, and judicial branches operate independently, preventing any one branch from gaining too much power.

What is federalism?

Federalism is a system of government where power is divided between a national government and state governments.

How does federalism recognize the sovereignty of both state and national governments?

The Constitution divides power between two levels of government: the national government has expressed and implied powers, while states retain powers not delegated to the federal government (Tenth Amendment). Tension and cooperation define their relationship.

What are the rationales for limiting government?

The government is limited to prevent tyranny, protect liberty, and ensure justice. Since human nature is self-interested, power must be controlled through constitutional structures like federalism, separation of powers, and checks and balances.

What mechanisms are used to limit government?

1) Federalism (dividing power between national and state governments), 2) Separation of powers (placing functions in different branches), 3) Checks and balances (each branch has power over the others), and 4) Bicameralism (two legislative chambers limit each other).

What are the powers of the national government?

The national government has expressed powers (e.g., collecting taxes, declaring war), implied powers (via the Necessary and Proper Clause), and authority under the Supremacy Clause, which makes federal law the highest law of the land.

What powers do state governments have?

Under the Tenth Amendment, states have reserved powers, which include regulating health and safety, marriage, education, law enforcement, and local governance.

What are concurrent powers?

Concurrent powers are shared by both national and state governments, including levying taxes, regulating commerce, and establishing laws related to business and labor conditions.

What are states' obligations to one another?

The Full Faith and Credit Clause requires states to recognize laws and judicial decisions from other states, while the Comity Clause prohibits discrimination against out-of-state citizens.

How has federalism evolved over time?

• Dual Federalism (1789-1937): Clear division of national and state responsibilities.

• Cooperative Federalism (1937-present): National and state governments work together, often through grants-in-aid.

• Regulated Federalism (1960s-present): Federal mandates impose national standards on states, sometimes without funding.

What are funded and unfunded mandates?

Funded mandates provide federal money to enforce policies, while unfunded mandates require states to comply with federal regulations without financial support.

What is the role of separation of powers and checks and balances?

Separation of powers ensures that legislative, executive, and judicial branches remain distinct. Checks and balances allow each branch to limit the powers of the others, preventing any single entity from becoming too powerful.