Chapter 3 - Chapter 3: Federalism and the Separation of...

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Chapter 3: Federalism and the Separation of Powers Two of the most important elements of the constitution are federalism and the separation of powers Federalism means that the national gov is not the only significant decision- making body SoP means that within the national gov there is no neat decision-making hierarchy Federalism and the Separation of Powers as Political Institutions They serve to channel and constrain political agents o Limit jurisdictional authority o Pitting authority up against each other as political competitors Institution Principle: the constitution created jurisdictional arrangements by encouraging diversity in the elected leaders and allocating the considerations of different aspects of policy to diff institutional arenas Rationality: as political institutions, federalism and the separation of powers have adapted to the purposes of various political players History: since the time of the founding, fed has been shaped by the SC Who does what? Stability and change in the Federal Framework Federalism: the system of government in which a constitution divides power b/w a central gov and regional gov Sovereignty: supreme and independent political authority Federalism and the Constitution Expressed powers: notion that the constitution grants to the fed gov only those powers specifically named in its text The Powers of the National Gov Implied powers: powers derived from the necessary and proper clause: such powers are not specifically expressed but are implied through expansive interpretation of delegated powers Necessary and proper clause: (article 1, sec. 8) enumerates the powers of congress with the authority to make all laws necessary and proper to carry them out The Powers of the State Gov Reserved powers (10 th amendment) o Powers that ate not specifically delegated to the national gov or denied to the states Police power: the power reserved to the gov to regulate the health, safety, and
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Chapter 3 - Chapter 3: Federalism and the Separation of...

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