{[ promptMessage ]}

Bookmark it

{[ promptMessage ]}

Lesson 4L - Chapter5 Federalism UnitarySystem...

Info iconThis preview shows pages 1–9. Sign up to view the full content.

View Full Document Right Arrow Icon
Chapter 5 d l Federalism
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
3 Structural Models of Gov’t 3 Structural Models of Gov t Unitary System The national gov’t runs the show. “Local gov’ts” exist for the convenience and at the whim of the national gov’t. E.g., France, US state gov’ts Confederal System A loose association of independent states. Makes decision on matters of common concern. Outside this, national gov’t has no direct authority over the states states. E.g., The European Union
Background image of page 2
3 Structural Models of Gov’t 3 Structural Models of Gov t Federal System Power is divided between the national and state levels of government levels of government. Borne out of more compromise, to ratify the Constitution Preserves some state sovereignty. Brings gov’t closer to the people.
Background image of page 3

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Federalism in the Constitution Inherent Powers The inherent right to self preservation and survival. Enumerated Powers Clear, specific, exclusive powers granted to the national gov’t by the Constitution. E g power to coin money (Art 1 § 8 cl 5) E.g., power to coin money (Art. 1, § 8, cl. 5). The Elastic Clause (Art. 1, § 8, cl. 18) Congress has the power “to make all Laws which shall Congress has the power to make all Laws which shall be necessary and proper into Execution the foregoing Powers…” Write: Congress can do anything necessary and proper to function.
Background image of page 4
Federalism in the Constitution Implied Powers Derived from enumerated powers. Or, a reinterpretation of what the Constitution says Concurrent Powers Where powers are held jointly by national and state gov’ts. Supremacy Clause “This Constitution… shall be the supreme Law of the Land.” When state laws conflict with Constitution and federal laws , the state laws are preempted.
Background image of page 5

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Federalism in the Constitution Reserved Rights Reserved Rights. Stems from 10 th Amendment. *Preserved some state autonomy Preserved some state autonomy Rights given to the States if… Not given to the national gov’t AND Not given to the national gov t, AND Not forbidden to the states. Police Powers In the US, lies with the states. Power to regulate health morals safety and welfare Power to regulate health, morals, safety and welfare of the people.
Background image of page 6
Federalism in the Constitution Vertical checks and balances When the federal gov’t and state gov’ts check/balance each other check/balance each other. Interstate Relations There are clauses that dictate what states are required to do in regards with each others’ sovereignty. Interstate Compacts – pseudo treaties between states, with Congressional consent.
Background image of page 7

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Important court cases McCulloch v Maryland (1819) McCulloch v. Maryland Main results To carry out their power to coin and regulate money (enumerated power), the federal government had the implied power to set up a National bank to do it.
Background image of page 8
Image of page 9
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}