gov ch3 notes - Chapter 3 Federalism and the Separation of...

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Chapter 3 – Federalism and the Separation of PowersWho does what? Federalism and institutional jurisdictions Federalism: the system of government in which a constitution divides power between a central government and regional government.Sovereignty: supreme independent political authorityEven after the ratification of the constitution, the states continued to be more important than the national governmentWhy keep the states: the importance of history-Many of the framers, like Alexander Hamilton, had hoped to create something close to a unitary national government and to circumscribe severely the power of the individual states.-The fact that the framers established a federal system in which the states retained significant powers is an illustration of the importance of history.-Citizens identified with their own statesFederalism in the constitution: who decides what?-Expressed powers: powers specifically granted to the federal government in the text of the constitution.-The powers of the national governmentoPower to collect taxes, coin money, declare war, and regulate commerceoImplied powers: powers derived from the necessary and proper clause (art.1, Section 8) of the constitution. Such powers are not specifically expressed but areimplied through the expansive interpretation of delegated powers.oNecessary and proper clause: Art1, section8, of the constitution, which enumerates the powers of congress and provides congress with the authority to make all laws “necessary and proper” to carry them out; also referred to as the elastic clauseoSupremacy clause: makes all national laws and treaties “the supreme law of the land”-The powers of the state governmentoTenth amendment: aka reserved powers: powers that are not specifically delegated to the national government or denied to the states; these powers are reserved to the states.oThe most fundamental power of the states is coercion: the power to develop and enforce criminal codes, administer health and safety rules, and regulate the family via marriage and divorce laws.

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