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Unformatted text preview: 369) Thus, though the state circle of power is larger than that of the federal government, federal power is supreme and preempts state power within the area covered by the smaller circle . If the circle of federal power is expanded, as shown by the broken line, the nonpreempted portion of the state’s power circle – and therefore the effective area in which the states may govern – is correspondingly diminished. 14 | P a g e Federalism DA BDL Impact – Tyranny [____] Strong federalism is necessary to protect against the concentration of power and prevent tyranny James Gardner, Professor of Law, State University of New York, 2003 (GEORGETOWN LAW JOURNAL, June, p. 1007-8) "The accumulation of all powers . . . in the same hands," wrote Madison "may justly be pronounced the very definition of tyranny." To protect liberty, then , power must be divided. Federalism serves this guiding principle of American constitutional design by parceling out government powers among different levels of government. Federalism, it must be borne in mind, is a creation of the national Constitution, not state constitutions. It is not the result of a fortuitous series of agreements reached one by one by the separate peoples of the original thirteen states; on the contrary, federalism represents the deliberate decision of a single national polity to divide governmental power for the purpose of protecting the liberty of all. Federalism protects liberty by giving the state and national levels of government substantial powers sufficient to allow each to monitor and check the abuses of the other. n14 As with the horizontal separation of powers that divides governmental power into legislative, executive, and judicial branches, each level of government in this vertically fragmented system is given the power and incentive to struggle against the other: "Ambition," as Madison put it, "must be made to counteract ambition." nThe result is a compound federal republic in which power is deeply fragmented, reducing as far as possible by structural means the likelihood that a tyrannical measure of power can be accumulated in a single set of hands: In a single republic, all the power surrendered by the people, is submitted to the administration of a single government; and the usurpations are guarded against by a division of the government into distinct and separate departments. In the compound republic of America, the power surrendered by the people, is first divided between two distinct governments, and then the portion allotted to each, subdivided among distinct and separate departments. Hence a double security arises to the rights of the people. The different governments will control each other; at the same time that each will be controled by itself. 15 | P a g e Federalism DA BDL Impact – Tyranny [____] Federalism promotes diversity and stops tyranny HASTINGS LAW JOURNAL, 2002 (January, pp. 439-40) Federalism is often claimed to serve many diverse values. It "incr...
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This document was uploaded on 02/06/2014.

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