2305+-+Federalist+45+and+Federalism

Power Points



Description: This section covers the third of the basic principles embedded within the original US Constitution: Federalism. This refers to the division of American government into two levels - the national and the state - that are each granted a degree of sovereignty. This was the product of a major compromise within the constitutional convention. Federalism was the only one of the four original principles to be established as a consequence of compromise. The others were uncontroversial. The framers of the document went into the convention with the idea that they were going to create a republic, incorporate a system of separated powers, and protect individual liberty. The relationship between the state and newly formed national government was negotiated over the course of time.

We will investigate how this compromise was reached, and the changing nature of the relationship between the national and state government.

Goals: After reading through the material above, you should be able to address the following questions:

- Be able to define federalism and describe the basic features of the American federal system. - What other systems could have been established other than a federal system? What system of government existed in the US prior to the ratification of the Constitution? - What did the Constitution's framers - James Madison specifically - say about the relative powers of the national and state governments? - What are the principle powers granted to the national government? Be able to define the delegated powers. - What parts of the US Constitution place limits on the states? - What were the principle conflicts over the nature of national powers in the early years of the Republic? - What is a city? What status do cities have under the US Constitution? What allows for their legal existence? - What is dual sovereignty? How was it established? What aspects of the US Constitution establish the relative powers of the national and state governments? - What functions tend to be best served by the national government? By the states? By local governments? - What impact did the 14th Amendment have on the relationship between the national and state governments? - How have the various amendments related to suffrage and the Civil Rights Act of 1964 impacted the nature of national power over the states? - How did the New Deal, and loose interpretations of key phrases within the US Constitution contribute to an expansion of national power? - What are the delegated, implied and reserved powers? - What principle court cases have impacted relationship between the national and state powers? - What are the elastic clauses? How have they contributed to the rise of national power? - What is the Constitution in Exile movement? What is state sovereign immunity? - What is an inherent power? What institution claims inherent powers? What is this claim based on? What are the consequences of this power? - What are the advantages of granting states significant discretion in establishing and implementing policies?

Key Terms

- federalism - confederacy - unitary systems - The Great Compromise - sovereignty - delegated powers - expressed powers - reserved powers - concurrent powers - implied powers - denied powers - commander in chief powers - inherent powers - police powers - laboratories of democracy - cities - counties - Dillon's Rule - home rule - the elastic clauses - general welfare clause - commerce clause - necessary and proper clause - the Progressive Movement - the New Deal - Cooperative Federalism - New Federalism