Chapter 3 Notes POLS 102

Chapter 3 Notes POLS 102 - Chapter 3 Notes POLS 102...

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Chapter 3 Notes POLS 102 FEDERALISM AND THE SEPARATION OF POWERS 2 of the most important elements of the American constitution are federalism and the separation of powers. Federalism seeks to limit govt by dividing it into 2 levels of national and state. Separation of powers seeks to limit power by dividing government against itself. Federalism means that the national government is not the only significant decision-making body in America. Sep of powers mean that within the national government there is no neat decision making hierarchy. They both complicate policy making. THE DYNAMICS OF FRAMEWORK: A CASE STUDY 1994-voters in Oregon approved ballot measure allowing doctors to assist terminally ill patients who wish to commit suicide. Under state law which survived a ’97 repeal, they may prescribe a lethal dose of medication for the patient requesting if 2 doctors agree that the patient is within 6 months of dying from an incurable disease. 2001-Ashcroft declared doctor assisted suicide was not a legitimate medical procedure. Suits were brought first in U.S. district court. Court ruled in favor of state and declared Ashcroft had no authority under controlled substances act to prohibit doctors from prescribing drugs for use in assisted suicide. Decision affirmed by U.S. court of appeals. Case illustrated both federalism and separation of powers in action. FEDERALISM AND THE SEPARATION OF POWERS AS POLITICAL INSTITUTIONS Great achievement of US politis – fashioning of an effective constitutional structure of political institutions. One enormous failure – cruel practive of slavery. Configuaration of institutions formed in philly in 1787. Intitutional arrangement – part script part scorecard. Federalism and separation of powers serve to channel and constrain political agents. Principle of dividing and separating was a great feature by framers. By adopting divide and separate principle, which implemented as federalism and sep of powers, the framers created jurisdiction arrangements. Constitution reflects these arrangements in 2 different ways, 1 st it encourages diversity in political actors occupying institutions by requiring they be selected at different times etc. Second it allocates consideration of different aspects of policy to different institutional areas.
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This note was uploaded on 02/28/2009 for the course POLS 102 taught by Professor Hammock during the Spring '08 term at WVU.

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Chapter 3 Notes POLS 102 - Chapter 3 Notes POLS 102...

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