Federalism

Unitary System

A government that gives all key powers to the national or central government

Confederal System

Most governing power rests within strong state or regional governments; limited power given to national governments to unite states under a common cause

Federal System

Governing power divided and shared between a national government and state governments

Federalism

A system in which power is divided between the national and state governments who share control over the same people

Why is the U.S. organized as a Federal System?

An inefficient confederal system failed and a unitary government oppressed colonists

Main advantages of a federal system

Allows state governments to deal with matters of local concern and a national government to deal with matters of national concern

Challenges associated with a unitary system

It can not help certain areas (not efficient to place hurricane regulations worldwide)

What governmental institution serves as the "umpire" in our federal system?

Supreme Court

Does federalism centralize or decentralize governing power?

Decentralize: power is spread out because of state governments

What are the powers of the federal government called?

Delegated Powers

Enumerated Powers of the Government

The powers of the national government expressly listen in the Constitution

What are some example of enumerated powers?

Taxation, regulation of interstate commerce, borrow money, declare war

Implied Powers of the Government

Powers not explicitly stated in the Constitution but necessary for the government to carry out its duties (implied from what is stated in the constitution)

Which Supreme Court case established the idea of implied powers?

McCulloch vs. Maryland

What is the basis for implied powers?

The Necessary and Proper Clause

Inherent Powers of the Government

Powers in the nature of any government, not expressly defined in the constitution

Examples of inherent powers

Regulating immigration, acquiring territory, granting diplomatic recognition to other states

What are the powers of the state governments called?

Reserved power

10th amendment

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Reserved powers are also known as

Police powers

Police powers

state power to enact policies promoting health, safety, and welfare

Concurrent powers

Powers shared by the national and state governments

Examples of concurrent powers

Taxes, borrowing money, making laws

Article 4 of the Constitution

Outlines the rights and expectations for all states and citizens

Full Faith and Credit Clause (Article IV)

A state must recognize the validity of the public acts, records, and court decisions of other states

Privileges and Immunities Clause (Article !V)

Prevents a state from treating citizens of other states in a discriminatory manner

Extradition Clause (Article IV)

An accused person who flees to another state must be returned to the state in which he/she allegedly committed the crime

Historical development of Federalism in the United States

Over time the power of the Federal Government has increased relative to the power of state governments

Figuring Things Out (1789-1860s)

Federal government and State governments were learning about the extent of power they could exercise

Important decisions in "Figuring Things Out" era

McCulloch v. Maryland and Gibbons v. Ogden

Gibbons v. Ogden

Greatly enlarged Congress' interstate commerce clause power by broadly defining the meaning of "commerce" to include virtually all types of economic activity

Era of Dual Federalism (1860s to 1930s)

National government and state governments have very different roles and stay out of each others' ways

Dual Federalism is also known as

Layer cake federalism

Era of Cooperative Federalism (1930s to president)

Powers roles and responsibilities of national government and state governments are overlapping

How did the Great Depression help the Federal Government gain more power?

The federal government had to become more involved in commerce (used commerce clause as justification)

Wickard v. Filburn significance

Intrastate commerce can now be regulated if it has an effect on interstate commerce

Cooperative federalism is also known as

Marble cake federalism

Enlightenment

a European intellectual movement that influenced the framers of the constitution

Natural Rights

idea that all people have rights from their Creator and therefore cannot be taken away by their ruler or government

State of Nature

a theoretical condition in which no governments or laws existed at all

Popular Sovereignty

the idea that the power of any government comes from the people

social contract

an abstract agreement that people make as a society that individuals are willing to give up some power to the government in order for the government to protect their rights

According to the theory of social

contract, how should citizens

respond to a tyrannical government?

Overthrow it and institute a new one

Republicanism

A form of government in which people elect representatives to create and enforce laws

How does separation of powers

keep a government from becoming

tyrannical?

ensures that power is separated into many parts, so that not one person/body can get or use too much power

Limited Government

the idea that effective government has power distributed among many members with checks and balances

What type of Enlightenment ideas are found in the Declaration of Independence?

Popular sovereignty, social contract, natural rights

"That to secure these rights,

Governments are instituted among

Men..."

Social contract

"...deriving their just powers

from the consent of the governed..."

Popular sovereignty

Participatory democracy

A democratic model that emphasizes broad participation in the political process by most members of society

Pluralist democracy

a theory of democracy that holds that citizen membership in interest groups is the key to political power

Elite democracy

emphasizes more limited participation in policy making on the assumption that government is complicated and therefore the most educated people need to run it

Brutus 1

It is impossible to have a Large republic and have a stable government; broad, participatory model of democracy and feared limitation of personal liberties

Federalist 10

Emphasized pluralist democracy with a large government diluting the power of factions that are spread out

Federalist v. Antifederalist

Debated over the ratification of the constitution, disputing over majority rule and minority rights

Articles of Confederation

Constitution that established strong state governments and a weak national government

Problems with the articles of confederation

No executive or judicial branch, Congress had no power to tax, regulate commerce, or raise an army

Shay's Rebellion

Highlighted the issues with the Articles of Confederation; led to the constitutional convention

Virginia Plan

Proportional representation in the government

New Jersey Plan

Each state has equal representation

Great Compromise

Bicameral legislature: proportional House and equal Senate

3/5ths Compromise

agreement providing that enslaved persons would count as three-fifths of other persons in determining representation in Congress

Slave import clause

20 years after the Constitution was ratified the slave trade would end

Process of amending the constitution

Proposed through 2/3rds vote of each house of Congress or at convention called by 2/3rds of states; step 2: ratified by 3/4th of state legislatures or 3/4th of state conventions

Legislative checks

Override presidential vetoes, confirm executive appointments,

Executive checks

Veto laws, appoint federal judges

Judicial checks

Judicial review