Constitutional Democracy: Federalism (Balance of Power Over Time (10th…
Constitutional Democracy: Federalism
Types of Power
Belong to National Government due to its status like regulating immigration
Clearly defined in Constitution for specific uses like declaring war
Stated statements that silence or restrict the people like freedom of speech.
Power held by states as they are not given to national government or denied to states
Examples: Schools and state commerce
Power- Powers that both States and the Nation control like taxes.
Examples: Welfare and Punish Criminals
Power: Power that is specific to the National Government.
Examples: Military and Postal Service
Power that is inferred by the
to protect the laws that help carrying out of power.
Federalist vs Anti-Federalists
Federalists :<3: Constitution
Madison, Jay, and Hamilton
Checks and Balances 2. Protection of Property Rights 3. Strong Federal Government
Anti-Federalists :red_cross: Constitution
Henry, Mason, and S. Adams
Unitary System/ Confederation
Strong Executive Branch. 2. A bill of rights 3. Strong State government
Balance of Power Over Time
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.
Citizenship Clause: gives individuals born in the U.S citizenship, Due Process Clause –protects the 1st amendment rights of the people and prevents those rights from being taken away by any government without “due process.” , and Equal Protection Clause – states that there may be no discrimination against them by the law.
Gibbons V. Ogden (1824)
expanded powers of federal regulation over steamboat disputes.
Congress is given the power to regulate trade among the states and with foreign countries.
Necessary and Proper Clause
The clause in Article 1, Section 8, that grants Congress the power to do whatever is necessary to execute its specifically delegated powers.
Full faith and credit clause
defines that states must respect the records and other legislation of other states.
Privileges and immunities clause
forces states to treat citizens of other states the same as their own
The constitutional provision that makes the Constitution and federal laws superior to all conflicting state and local laws.
McCulloch v. Maryland (1819)
expressed the implied powers of Congress through issues around the Second National Bank of the U.S.
by FDR were programs to help the nation during the Great Depression of the 1930s.
Many issues gained more popularity recently like race gerrymandering.
Types of Federalism
is like a layer cake as there are separate, powerful branches. It often has a lot of concurrent powers and overtime they blurred leading to power struggles.
is like a marble cake as they work cooperatively together to resolve issues.
has recently emerged during Obama's administration. It provides states greater control on areas that are normally given to the national government.
is the ability of the Supreme Court and judicial review to influence structure and legislation.
is how funds are used from federal government to states to support a national program.
evolved with Ronald Reagan where lots of power was given back to the states.
-grants with little restrictions thus they are basically free funding.
- grants that have certain requirements like to fund a certain national program
-order for state governments to comply with a national requirements by refusing funds until it is fulfilled
is when federal taxes are distributed to state and local governments.
Two types based by Constitution