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Federalism

Federalism. Three arguments for federalism. To prevent tyranny. To increase participation in politics. To use states as testing grounds for new policy. Distribution of Powers - National. Laid out in Article I, section 8 of Constitution.

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Federalism

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  1. Federalism

  2. Three arguments for federalism • To prevent tyranny. • To increase participation in politics. • To use states as testing grounds for new policy.

  3. Distribution of Powers - National • Laid out in Article I, section 8 of Constitution. • Powers specifically listed for Congress are known as enumerated powers. • There are not very many enumerated powers listed; however, because of the “necessary and proper clause,” Congress has substantial implied powers. • This clause is also known as the elastic clause.

  4. Distribution of Powers - State • Few specific powers listed for the states: • How to elect representatives and senators. • Must appoint electors for presidential vote. • Ratify amendments to the Constitution. • “Powers not specifically given to Congress, nor restricted to the States, are reserved for the States, or to the people.” – the Tenth Amendment • These powers are called reserve or police powers.

  5. Other powers • Concurrent powers – those powers shared by the national and state governments (e.g., taxes, courts systems, and make laws) • Denied powers – those powers specifically outlawed by the Constitution. • State: making treaties, coining money, interfering with legitimate contracts, and forming “compacts” with other states without congressional approval. • Federal: cannot favor one state over another regarding commerce and cannot tax interstate trade. • Neither can pass: • a bill of attainder (law which makes an act illegal w/o a trial) • an ex post facto law (which makes an act punishable as a crime even if it was legal at the time it occurred) • a suspension of a writ of habeas corpus (which is the legal obligation to explain why you’ve been placed in custody)

  6. One last thing . . . The Supremacy Clause – Article VI of the Constitution declares federal law trumps state law. It is supreme and the final say. See any possible problems that may exist?

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