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Unformatted text preview: Federalism 1
Chapter 3 Define "federal system," "unitary system" and By the end of this presentation you should by able to: "confederation" and explain the differences among them *Explain the functions of federalism in the U.S. *Describe Madison's arguments in Federalist No. 10 Uses the "three constitutional eras" idea Chapter Framework *Founding Era Civil War and Reconstruction Small state government; miniscule national government Dual federalism *Growth in both state and national governments Exponential growth in national government The Depression Federalism is a division of sovereignty between the Key concepts national government and the states *The balance of power in a federal system is not fixed *The balance of power began in the states but the balance shifted to the national government by the mid 1930s * Unitary system of government Organizing a government * Confederation All sovereignty in one national government *Example: Sweden or France A union of states who retain sovereignty *Example: U.S. under the Articles of Confederation * Federal system *State were preexisting political units *Federalism accommodates diversity *Federalism creates more opportunities for participation *Federalism protects liberty by dividing power
*"Double protection" as described in Federalist 51 Why a federal system in the U.S.? *Federalism promotes stability by containing the "mischief of faction" Federalism was not envisioned as a means of protecting Note: liberty by theorists such as Locke or Montesquieu
Separation of powers was the key for them James Madison saw federalism a means of protecting Working Through Federalist No. 10
Diagnosing Democracy's Problems liberty along with separation of powers and checks and balances *Why will the American experiment in large scale democracy work when all others in the past have failed? *What caused other democracies to fail? *Madison's answer: The "mischief of faction" *Factions are passionate groups that overwhelm and control the government in own their interests *The result is tyranny What causes factions? On faction Can we prevent factions from forming? *Sometimes things such as religion, BUT *The most important source is differences in property *No! it is in the nature of man *Yes, in two different ways *Then can we control factions? *By limiting liberty: cure is worse than the disease *By controlling the effects Madison argues that size and the federal system will work How do we control the effects? to make our democracy stable by controlling the mischief of faction *Why?
Conflict will be spread out Conflict will be contained in the states
Organization of factions will be difficult Analogies: firewalls; watertight compartments on a ship The Nature of the Union Be able to explain two difference conceptions of the nature For this section, you should What happed in 1789? of the union of states *Define the key terms highlighted in red Note: Unless you understand enumerated and reserved powers, and the different bases for the national and state governments, you're going to struggle with this chapter. Under the Articles of Confederation, states were "free, The States under the New Constitution sovereign and independent" Two theories of the Union Did the Constitution change that? * Organic theory: Constitution comes directly from the people; states bound together in an indestructible union * Compact theory: Union is a function of a voluntary contract among sovereign states In Patrick Henry's Words We, the People,
Or We, the States Powers Delegated to the National Government; Powers Reserved to the States *Article I, section 8 contains the enumerated (or delegated) powers
The powers are called "enumerated" because they are actually listed in the Constitution *The powers are called "delegated" because the Constitution assigns those powers to Congress The Division of Power
The Powers of Congress *Article I, section 8 contains the "necessary and proper" (or "elastic clause") *Article VI contains the supremacy clause *We'll add "implied powers" when we get to McCulloch v. Maryland
*10th Amendment reserves powers to the states not delegated to the national government th *Compare the wording of the Articles of Confederation and the 10th Amendment on the relative powers of the states and the national government *The Articles: http://www.yale.edu/lawweb/avalon/artconf.htm *The 10th Amendment: http://www.yale.edu/lawweb/avalon/rights1.htm#10 Note The Powers of the States Thinking about the reserved powers *States do not need a positive grant of authority to pass laws *States possess the police power *The "police power" is the inherent authority of a government *The police power includes the right to legislate for the health, safety, welfare and morality of the people *These are the powers reserved to the states by the 10th Amendment
For another look at the police powers of the states, see: Recommended Link * http://famguardian.org/TaxFreedom/CitesByTopic/PolicePo wer.htm ...
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