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Chapter 3 Notes

Chapter 3 Notes - governments have separate and distinct...

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Federalism I. Definition: At least two separate governments share responsibility for governing the same people and territory. Not all-federal systems are alike, however. Some lean more towards state power, and some more toward national power. We can think of federalism as a continuum. Confederal ______________________________Unitary | ------------Federal--------------------| II. How has federalism evolved in this country? Traditional meaning of federalism: the Barron v. Baltimore decision (1833)- Bill of Rights protects individuals from bad actions of the national governments, not the state governments. Federalism has several dimensions. It creates dual authority - two sovereigns governing you dual citizenship - individual rights depend upon the capacity in which those rights are asserted - as a citizen of a state or a citizen of the national government dual powers - national and state
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Unformatted text preview: governments have separate and distinct powers- national government has powers to promote commerce – coining money. Building railroads, building post offices, protecting patents, and generally promoting commerce. - states have the coercive powers, the power to maintain public order through laws and regulations. These include criminal codes, health and safety codes, marriage and divorce laws, the power to define private property, etc. III. Towards a more modern understanding of federalism Clearly the above description does not describe our federal system today - the national government has gained a great deal of power at the expense of the states. We will look at one of the ways this relationship changed: The Constitution was amended (14th Amendment) and the Supreme Court began to change its understanding of how our federal system protected rights and liberties...
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