Chapter 3-Federalism - Chapter 3: Federalism I. Types of...

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Chapter 3: Federalism I. Types of Powers a. Enumerated/Delegated - specifically delegated or enumerated or written into the Constitution for the national government alone. b. Reserved - powers not specifically delegated to the national government and thereby are left to the states (10 th amendment) c. Implied – power derived from the necessary and proper clause allowing flexibility when carrying out expressed powers d. Inherent - powers that can be derived or inferred from specific powers in the constitution e. Concurrent - powers held by both the states and the federal government II. Government Structure a. Types of Government Structure i. Federalism - constitutional arrangement whereby government power is distributed between a central government and sub-divisional governments at the state and local level. Both the national and sub-divisional governments exercise direct authority over the people. Sovereignty is shared. 1. “Creates separate, self-sustaining centers of power, prestige, and profit.” 2. Ex. United States, Canada, Australia ii. Unitary systems – sovereignty is wholly in the hands of the national government, so that the states and localities are dependent on its will iii. Confederation - association of sovereign states or communities, usually created by treaty but often later adopting a common constitution. 1. The states are sovereign and the national government is allowed to do only that which the states permit. b. Sovereignty - refers to the power and the right to exercise that power of self- government that all independent countries have. They can exercise the power of the state without asking permission from another state.
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c. Pros and Cons of Federalism i. Allows states to block action, prevent progress, upset national plans, protect powerful local interests, and cater to self-interests ii. “effects of federalism since the Civil War have been to perpetuate racism” iii. Federal system can develop and maintain mechanism vital to the perpetuation of the unique combination of governmental strength, political flexibility, and individual liberty iv. Wide array of political powers allows usage for both amiable and malicious purposes v. Facilitates the mobilization of political activity III. History of Federalism a. The Founding i. Framers believed that federalism was one device whereby personal liberty was to be protected ii. Wanted to stay away from the failures of the Articles of Confederation iii. Federalism would allow both levels of government, the national and the state, to have certain powers, but neither would have supreme authority over the other iv. System deliberately vague because spelling out exactly what each branch had the power to do would take years of deliberation instead of months. 1.
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Chapter 3-Federalism - Chapter 3: Federalism I. Types of...

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