poli201_lec3(federalism & sep of powers)

poli201_lec3(federalism & sep of powers) - POLI 201...

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POLI 201 / Chapter 3 Professor Finocchiaro 1 CHAPTER 3 The Constitutional Framework: POLI 201: American National Government FEDERALISM AND THE AMERICAN FOUNDING The balance of power between the central government and the government and the states was at the heart of the constitutional struggle between the Federalists and the Antifederalists. FEDERALISM AND THE AMERICAN FOUNDING What the Federalists Were For 1 A powerful central What the Anti-Federalists Were For 1 The retention of state 1. A powerful central government. 2. Government “filtered” from popular control. 3. A potentially expansive central government that could govern a large country. 1. The retention of state sovereignty and strength. 2. More popular control of state-run governments. 3. Fidelity to traditional notions of republicanism.
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POLI 201 / Chapter 3 Professor Finocchiaro 2 FEDERALISM AND THE AMERICAN FOUNDING Although the Federalists won the struggle over ratification, the federal balance of power remained contested and paradoxical throughout American history and was at the heart of struggles throughout American history such as: 1. the ability of states to “nullify” federal laws; 2. the Civil War; 3. the power of the central government in the New Deal; 4. the “rights” of states vs. the rights of citizens in the Civil Rights Movement. FEDERALISM AND THE AMERICAN FOUNDING “[If] the people should in the future become more partial to the federal than to the State governments … the people ought not surely to be precluded from giving most of their confidence where they may discover it to be most due.” --James Madison (Publius) Federalist #46 FEDERALISM AND THE AMERICAN FOUNDING PARADOX OF POLITICS: FEDERALISM PARADOX: Generally, there exists a trade-off between freedom and order. Were the states to be free to pursue their own courses or would the central government coordinate and coerce them to uniformity?
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Professor Finocchiaro 3 STAGES OF FEDERALISM There have been FOUR STAGES OF FEDERALISM throughout American history. I. “DUAL II. “COOPERATIVE III. “REGULATED IV. “NEW FEDERALISM” FEDERALISM” FEDERALISM FEDERALISM” 1789 1937 1960 1970 1990 STAGES OF FEDERALISM There have been FOUR STAGES OF FEDERALISM throughout American history. I. “DUAL II. “COOPERATIVE III. “REGULATED IV. “NEW FEDERALISM” FEDERALISM” FEDERALISM FEDERALISM” 1789 1937 1960 1970 1990 STAGES OF FEDERALISM STAGE 1: “Dual Federalism” (1789-1937) 1. Central government focused on promotion of commerce and distribution of resources. 2.
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This note was uploaded on 06/02/2011 for the course POLI 201 taught by Professor Briggs during the Spring '08 term at South Carolina.

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poli201_lec3(federalism & sep of powers) - POLI 201...

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