Chapter 3.docx - 1 What is Federalism Def Constitution\u2019s division of governing authority b\/w 2 levels nation and state Constitution was needed bc AoC

Chapter 3.docx - 1 What is Federalism Def...

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1. What is Federalism Def: Constitution’s division of governing authority b/w 2 levels- nation and state Constitution was needed bc AoC was too weak to accomplish its expected goals Result of political bargaining Compromise was made necessary by prior existence of states Contemporary Federalism Tilts toward national authority Reflects increased interdependence of American society 2. Federalism: National and State Sovereignty Argument for Federalism Strongest argument: correct defects of AOC Govt. had many issues No money Weak defense No ability to tax/regulate commerce Can’t promote economy Promoting Liberty John Locke and Charles Montesquieu Theorists who didn’t propose division of power b/w national and local authotities Alexander Hamilton said ppl could shift loyalties back and forth b/w national and state govts to keep them under control Antifeds believed that liberty and self govt. were enhanced by state centered govt Turned to Montesquieu who said that if a govt. covers a smaller area, the leaders are in closer touch w the ppl JAMA argued this in Federalist 10 and said that a large republic would make it more difficult for a single group to gain full control Powers of the Nation and the State Enumerated Powers and the Supremacy Clause Article 1 gives congress 17 enumerated powers Intended to make govt strong enough to forge a union secure in defense and stable in economy Ex. Cong. Power to borrow money would provide foundation for sound national economy Supremacy Clause “Laws of United States shall be the supreme law of the land” When state and federal butt heads, federal will always outweigh state Implied Powers: The Necessary and Proper Clause (Elastic Clause) Powers not listed in const. but related to exercise of listed powers In order for govt. to be effective, it needs to be able to adapt to change Elastic Clause “to make all laws which shall be necessary and proper for carrying into execution the preceding [enumerated] powers.”

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