Federalism

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How was federalism designed to support

a democratic republic?

Federalism:
A system in which 2 or more levels of government have
formal authority over the same area and people; system
of shared power between units of government

Federalism:
A system in which 2 or more levels of government have
formal authority over the same area and people; system
of shared power between units of government

DELEGATED POWERS
RESERVED POWERS
CONCURRENT POWERS

Why Federalism?

Why federalism?
Decentralizes politics
- ie. our representatives are
elected in individual states
- ie. 51 presidential elections
Provides more points of access
to government, more
opportunities for political
participation, & more
opportunities to have demands
for public policies satisfied

Division of powers
Delegated Powers:

given to national government

Examples?
Reserved Powers: given to state governments
Examples?
Concurrent Powers: shared powers that both national and
state governments have
Examples?

Supremacy clause, IMPLIED POWERS And 10th amendment


SUPREMACY CLAUSE: This Constitution, and the Laws of the United
States which shall be made in pursuance thereof; and all treaties
made, or which shall be made, under the authority of the United
States, shall be the supreme law of the land; and the judges in
every state shall be bound thereby, anything in the constitution or
laws of any state to the contrary notwithstanding.
IMPLIED POWERS: The Congress shall have Power ... To make all Laws
which shall be necessary and proper for carrying into Execution the
foregoing Powers, and all other Powers vested by this Constitution
in the Government of the United States, or in any Department or
Officer thereof.
10th AMENDMENT: The powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are reserved to
the States respectively, or to the people.

What (other) forces established national supremacy in the US?


Supremacy Clause (Article
Interpretation of Implied
Commerce Clause (National
commerce)
The Civil War
1960s struggle for racial

VI)
Powers (elastic clause)
govt control over

equality

Controversy: The Necessary and Proper Clause


(aka Elastic Clause OR Implied Powers)
The Congress shall have Power - To make all Laws which shall be necessary and
proper for carrying into Execution the foregoing Powers, and all other Powers vested
by this Constitution in the Government of the United States, or in any Department or
Officer thereof.
ALLOWS FEDERAL GOVT POWERS
NOT STATED SPECIFICALLY BUT
CONSIDERED REASONABLE OFFSHOOTS
OF DELEGATED POWERS
(ie. strict v. loose
interpretation)

many issues in our own society illustrate continuing


disputes over federalism, ie:

Healthcare
Assisted Suicide
Capital Punishment/Death Penalty
Segregation in schools
Legalization of marijuana
Same sex marriage
Abortion rights
Gun Control
Education

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