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Poly Sci Class Notes - Test 2

Poly Sci Class Notes - Test 2 - Federalism and States...

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2/7/10- Federalism and State’s Rights Federalism: relationship between federal and local government - States have a sense on independent existence from the government. - Most governments run under a unitary system. You have a government and you have citizens. The government simply rules people. This may create local governments to help administer power, but there is only one real sovereign government overall. - Con-federal Government: There is a federal head that handles the common concerns. There is also a group of member states. In each state, there are collections of citizens. The states make laws and force them upon their respective citizens. o Whenever the federal head makes policies, it relays it to the states. There is no direct connection between the fed and the people. o This is basically a model of the Articles of Confederation. o The people in each state made a constitution for each state. There is a direct relationship here. The people represent the state legislature. o The Federal head is created by each state. They created a League of Sovereign States . - Federal Government: The relationship between the states and the people are the same as the relationship in a con-federal government. The thing that changes is the role of the federal head. The most important change was direct enforcement . o Executive and Judiciary branches were created. o If the Fed is going to enforce powers, then they are going to have to derive their power from the people. o Ratification and representation between the Federal and the people. o There is no direct relationship between the fed and the states. o There are Conflicting obligations: Fed government says it is illegal to grow and smoke pot. California says its cool. Who
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are you going to obey? How to resolve them aka who wins? Federal government wins because of the supremacy clause in article 6 (Federal Supremacy). “Made in pursuance “ of the Constitution Who decides what the federal government has the power to do? Federal courts o Problem here is that we don’t want one of the parties determining the dispute. o Is there an alternative? Nullification and interposition: nullification: state says we think the law is unconstitutional and it cannot exist. Interposition: state puts itself between the citizens and the national government Virginia and Kentucky Resolution o Federal still gets their power from the States. o The constitution is now somewhat of a treaty. o There is no common judge between sovereigns. The parties themselves have to determine who is right and wrong. o Constitution is a creation of the states as sovereign states and not as the people of the nation. 2/11/11 Federalism - New conflict: how should Supreme Court justices interpret the constitution?
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