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Federalism & Separation of Powers - Coggle Diagram
Federalism & Separation of Powers
Sovereignty vs. Federalism
Sovereignty
a. Supreme power especially over a body politic
b. Freedom for external control (autonomy)
c. Controlling influence
Federalism
a. Often capitalization: the distribution of power in an organization (such as a government) between a central authority and the part of the whole.
From the US: We to the US: It -> From the collective to the singular
Federal vs State Rights
"Birthday of the nation-state
Peace Treaties of Westphalia 1648 (State Sovereignty and Collective Security)
Unitary System:
National government gives powers to all subunits; power is centralized in the national government
Centeralized Power (Red) Unitary System (Blue)
Confederal System:
National government gets power from states; Power is
decenteralized
Confederal System (Blue) Decentralized Power (Red)
Federal System:
Both national and state governments get power from the people. Power is both centralized and decentralized
Unique Feature of the US Constitution:
(Federal System)
Separation of Powers: Hierarchically/Across Gov. Levels
From the People:
Where does the US gov. get its power
Wheres does Kittitas County or the city of Ellensburg gets its power
Where does the state WA, HI, KY, NE, VT, etc. government gets its power
Why a Federal System?
Federalism could accommodate the diversity of religion and customs
Experience under unitary and confederate systems proved unworkable
Federalism retains the states
Federalism left local governments (cities and counties) in the hands of the states
Federalism was a protection against tyranny
The United States Gov. Includes:
1 Sovereign Federal Gov.
50 sovereign state governments
574
federally recognized
Native American tribes
5 Permanent inhabited territories (not sovereign) - PR, US Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa
The Doctrine of
Terra Nullius:
Terra Nullius:
Is latin for "Land belonging to no one" that is, land or territory over which no recognized country has claimed authority
Explorers believed that no one owned the land in North America even though it was clear that people were living on the land
Native Americans did not see land ownership in the same way as Europeans this signing treaties often meant very different things to the people signing them
The Doctrine of Discovery:
A concept in public international law, used as recently as 2005 in City of Sherrill v. Oneida Indian Nation of NY to support land claims
Public International Law:
Gives land claim right to foreigners who come and occupy a territory if the natives are not Christian
US private citizens cannot purchase land from Native peoples, only the government can do that
Affirmed in several US Supreme Court decisions most notable Johnson v. M'Intosh (1823)
