Federalism Essay

Federalism Essay

1. How were powers divided

   • The Madisonian Model
     • The model of government devised by James Madison, in which powers of the government are separated into three branches.
       • Legislative
         • Congress, Passes laws
       • Judicial
         • Supreme court, interprets laws
       • Executive
         • The President, administers and enforces the laws
       • Separation of Powers
         • Principle of dividing governmental powers among the three branches
         • Checks and Balances
           • A major Principle of American government in which each of the three branches is given the means to check the actions of others.
           • Congress can override presidential vetos, impeach and remove the president (or Judge, in the judicial branch) from office, Senate confirms presidential appointments and ratifies treaties.
           • The president can an veto legislation, and appoint members of the Supreme and federal courts
           • The judicial branch can declare acts (Legislative, or Executive) unconstitutional
   • Division of Powers
     • National Powers
       • Expressed Powers
         • Power to coin money, levy and collect taxes and regulate interstate commerce
           • Commerce Clause (Article 1, Section 8)
       • Implied Powers
         • Necessary and Proper clause
           • Congress has the power to make all laws "Necessary and Proper" for the federal government to carry out it's responsibilites
             • The power to print paper currency such as dollar bills.
       • Inherent Powers
         • Powers that the governments must have simply to ensure the nation's integrity and survival as a political unit.
           • Must have the inherent ability to make treaties, regulate immigration, acquire territory
     • State Powers
       • The tenth amendement
         • Powers that are not delegated to the government by the Constitution, not powers that are prohibited
         • Powers to regulate commerce within their borders and to have a state militia
       • Police Powers
         • The powers of a government body that enable it to create laws for the protection of health, safety welfare and morals of the people.
         • Establishment of public schools, regulation of divorce and marriage

2. Advantages

   • Divided government provides another check on the concentration of power.
   • The needs of diverse population

3. Drawbacks

4. What is Federalism?

   • A system of shared sovereignty between two levels of government - one national and one subnational - occupying the same geographic locations.
     • Powers are divided between a central and regional, or sub divisional, governments
   • For a system to be truly federal, the powers of both the national units and the subnational units must be specified and limited
     • State Powers
       • Powers to regulate commerce within state borders
       • General Authority to exercise any powers that are not delegated by the Constitution.
   • Federal System
     • A form of government that provides for a division of powers between a central government and severaal regional governments