Study Guide

FEDERALISM

Why federalism was established: to balance order with Liberty by addressing the weaknesses in the Articles of confederation which failed to grant several essential powers to the national gov, also to avoid tyranny

3 Main Reasons:

  1. Avoid Tyranny

  2. Allow for greater public participation in politics

  3. To use the states as “laboratories” for new idea programs

What is federalism? Federalism is a system of government in which the same territory is controlled by two levels of government. Generally, an overarching national government is responsible for broader governance of larger territorial areas, while the smaller subdivisions, states, and cities govern the issues of local concern.

Key concept: Powers are shared between the STATE and FEDERAL government

  • The constitution divides the power between NATIONAL and STATE government

  • Federalism allows both levels of gov to adress needs avoids centralization

What is Centralization? power under one central authority

Key Idea: Federalism prevents one single authority from becoming too powerful, limiting concentration of power

HELPS RESOLVE: the articles failure at allowing Congress to levy taxes or fund military

Exclusive powers (Federal Gov)

Shared Powers (National and State gov)

Exclusive powers (State Gov)

  • Declaring war

  • setting up court

  • licences

  • regulating interstate and foreign commerce (trade)

  • collecting taxes

  • conduct elections

  • printing money

  • highways

  • public health and safety

  • army and navy

  • taking private property

  • ratify U.S. Constitution

  • post offices

SEPARATION OF POWERS

Key Concept: power is divided between the executive, legislative, and judicial branch to prevent one from having too much power

  • Executive enforces laws

  • Legislative makes laws

  • judicial interprets laws

Checks and Balances

Key idea: each branch of gov can check others power to prevent tyranny

Ex)

  • executive can veto laws past congress

  • judicial can declare executive actions or laws unconstitutional

  • legislative can impeach judges and president

Montesques Ideas

  • Power should be a check to power: Created checks and balances (branch of gov can check others)

  • Separation of power concept: Created the branches of gov in the constitution (legislative, executive, and judicial) to protect LIBERTY

  • Limited Gov: protects ones freedom

  • Writing on republicanism influenced a gov run by the people called a decomcracy

Bicameral legislature

House of Reps: must be 25+, term length 10 years, must be a US citizen for 7 years or more

Senate: must be 30+, term length 6 years, citizen for 9 years or more

Both must live in the state they represent

BILL OF RIGHTS

> convinced states that were hesitant to ratify the constitution

Vote now amend later: used to convince people that the bill of rights would be added after the ratification of the constitution

Why was the bill of rights needed? to avoid tyranny and to balance gov power