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ISS_225_Lec_7_Politial_Science

B powers of government in the federal system both

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B. Powers of Government in the Federal System: Both States Federal 7
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ISS 225 – Power, Authority, Exchange Politics/Government The distribution of powers in the federal system is like two overlapping circles. 1. Enumerated powers are exclusive powers (17) specifically given to the national government. Examples include: power to coin money power to provide an army and navy power to declare war\ power to conduct foreign relations 2. These are supplemented by implied powers , which are derived from an enumerated power and the necessary and proper clause (Article I, Sec. 8). They give Congress the authority to enact any laws "necessary and proper" for carrying out its enumerated powers. These powers are not stated specifically but are considered to be reasonably implied through the exercise of enumerated powers. 3. Reserved powers The Constitution does not delegate many powers to the states. Elections, amendments, police powers, and take measures for public health, safety, and morals through the tenth amendment which states that “powers not delegated to the U.S. by the Constitution, nor prohibited by it to the States , are reserved to the states respectively, or to the people.” 4. Concurrent Powers are those powers possessed by both the national and the state governments. Examples of concurrent powers are: power to borrow money power to tax power to establish courts power to make and enforce laws 5. Denied powers . Article I also denies certain powers to the national and state governments. Ex-post facto law - Neither national nor state governments can pass a law that makes an act punishable as a crime if the action was legal at the time it was created. Bill of attainder - Legislation that declares an act illegal and inflicts punishment without benefit of a judicial trail. States are prohibited from negotiating treaties, coining money, impairing the obligation of contracts, or entering into "compacts" with other states without congressional approval. Congress is barred from favoring one state over another in regulating commerce, nor can Congress lay taxes on articles exported from any state. 8
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ISS 225 – Power, Authority, Exchange Politics/Government C. Stages of Federalism Federalism has changed through the years: 1. 1789-1834 Nationalization During this period we saw the establishment of National Supremacy over the states. 2. 1835-1933 Dual Federalism During this period the states and the federal government was seen as each having their separate powers and the two did not interfere (slavery, civil rights) 3. 1934-1960 Cooperative Federalism During this period the states and the federal government cooperated. This was the time when federal grants-in-aids began and the federal government began to have a greater role in the states. 4. 1960-1968 Creative Federalism This was the period when the federal government asserted itself the most on the states.
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