Chapter 3 - Federalism and Separation of Powers Flashcards
What is federalism?
The system of government in which a constitution divides power between a central government and regional governments.
What is sovereignty?
Supreme and independent political authority
What does federalism do?
Limits national and state power by creating two levels of government - national and state government. Each has a large measure of sovereignty and thus the ability to restrain the power of the other.
What does the constitution provide to the federal government?
Expressed and implied powers. e
What are the four stages of federalism?
- Dual Federalism
- Cooperative Federalism
- Regulated Federalism
- New Federalism
What is dual federalism?
(1789-1937)
- Layer cake idea of power
- two very distinct layers of government
- states exercised most important powers
What is Cooperative federalism?
(1937-1960s)
- During the New Deal, national government’s power expanded
- Marble cake idea of power
- There was cooperation on some policies
- A rise in grant-aids
What is Regulated federalism?
(1960s-1990s)
-National government determines policies, state governments pay for and administer them.
What is New Federalism?
(1990s-present)
-States have more power to do things and the national government is more of a guide.
What was the McCulloch v. Maryland case?
(1819)
- Landmark Supreme Court case
- Can Congress charter the Bank of the USA?
- SCOTUS said chartering the bank was an implied power
- Maryland CANNOT tax this bank because “the power to tax is the power to destroy”
- Federal law always supersedes state law as federal law is the “law of the land”
What does the separation of powers seek to do?
To limit the power of the federal government by dividing government against itself
Checks and Balances: Legislative over Executive
CONGRESS HAS THE MOST POWER o Override presidential vetoes o Impeach and remove the president ♣ Andrew Johnson • Removing cabinet officials ♣ Bill Clinton • Committing purgery by lying about the affair. o Senate votes on executive appointments o Senate votes to ratify treaties o Congress can investigate president’s actions. o Congress controls budget/funding
Checks and Balances: Executive over Legislative
o President can veto acts of Congress
o President can call a special session of Congress
o President carries out and enforces laws.
o Vice President is President of Senate and casts tie breaking votes.
Checks and Balances: Legislative over Judicial
o Congress can change size of courts and SCOTUS
♣ SCOTUS has gone from 7 to 9 to larger and then back to 9
♣ Every other federal court, district court etc are all created by acts of Congress, the number of members, pay, etc are also all determined by Congress.
o Congress can propose constitutional amendments.
o Congress can reject judicial nominees.
♣ President will try to anticipate this
o Congress can impeach/remove judges
o Congress can alter court jurisdictions
♣ “The realm over which you have power”
o Congress controls court funding.
Checks and Balances: Judicial over Legislative
o Court can declare laws unconstitutional
o Chief justice presides over Senate during hearing to convict an impeached President.
What is Divided Government?
when one party controls the presidency and the other party controls at least on chamber of Congress
What is the main role of SCOTUS?
Judicial review - SCOTUS can declare something unconstitutional (however it’s not enumerated in the constitution)
What was the Marbury v. Madison case?
(1803)
- Conflict over appointment of a judge (Marbury)
- Marbury never received his official commission (saying he could be confirmed and sworn in)
What are some limitations on the states?
- States cannot discriminate against denizens of other states.
- “No state shall, without the Consent of Congress… enter into any Agreement or Compact with another state.”
- (Compacts are a way for two+ states to reach a legally binding agreement about a problem that involves all states)
What are the challenges of governing in a federal system? What problems does federalism solve, and what problems does it create?
States have very different views, and there’s sometimes conflict between national and state government because impossible to please all states
-without federalism, there were powerful state governments (less of a union)
How does separation of powers influence federal institutions?
Each branch has checks and balances - lessens the possibility of one taking too much power. However, can have divided government.
Why did the Founders make Congress the preeminent branch?
House is closest to the people. Over time, people have argued that the President (executive) has more power.
How does judicial review affect the balance of power between the branches of the federal government?
Gives more power to the judicial branch - they interpret the constitution and can almost make policies (e.g. gay marriage)
Riker raises the question “is federalism worth keeping?” What is his specific view of federalism and do you agree?
Federal government allows decisions to be made as the states tend to be very split on things like school segregation, voters’ rights, etc.
