(no subject)
I. Governmental Structure
A. Federalism is specifically defined as a political system where local units of the government make decisions along with the federal government.
1. Local governments exist to lower the burdens on the federal government.
2. Federalism is derived from a nation’s constitution and by the disposition of its people.
B. Unitary systems of government allow all final decisions to be made by the
C. Federal or national government, even allowing room for the local state governments to be entirely overruled.
1. The national government uses its powers and control of money to have state governments act in accordance.
II. Federalism: Good or Bad?
A. Good:
1. On local levels federalism is used to further political corruption, and to protect strong local interests.
2. Areas of the country are able to use federal policies to attack larger issues
3. The fact that federal government is large and widespread prevents any one group or person from gaining too much power.
4. Federalism allows for states to experiment with ideals ` independent of the federal government, such as allowing women to
vote in Wyoming.
5. The federal system allows more people to interact with their government as there are more representatives on local levels
B. Bad:
1. A lack of clear and concise positions on specific issues may cause disputes within government.
2. Disallows speedy progress and does not maintain a feeling of unity within the nation.
III. A Bold, New Plan
A. The state governments and the national government were designed so that neither would have total control over the other.
1. Both would have separate powers to be used for the people, as
both are to be elected by the people.
2. The people’s support of each level of government will shift to balance either side from becoming too powerful or tyrannical.
B. The states are not delegated specific powers by the constitution.
1.These are vaguely mentioned by the tenth amendment. a. the amendment states that powers not delegated to the national government are then given to the states.
2. The elastic language of the constitution allows for the Supreme Court to decide the meanings of each amendment according to the specifics of each individual case.
3. Congress is vaguely given the power to make all laws that are “necessary and proper.”
C. Hamilton believed that as the federal government was created by the people, it should be superior to the state governments.
D. Jefferson believed that the national government was important but still just an agreement of the states and thus inferior to their power.
1. From Jefferson’s viewpoint the biggest threat to liberty was to come from a strong national government.
E. Madison who later in his life supported states rights wrote that the powers of the states are many and the powers of the federal government are few and defined.
IV. The Debate on the Meaning of Federalism
A. The Civil War established the national government as supreme.
1. The war confirmed that states did not have the power to secede
2. The first Supreme Court justice John Marshall defended the federal government’s superiority.
3. The case of McCulloch v. Maryland decided first that the government has the power to establish banks.
a. The decision made in the case also established that a state did not have the power to tax a federal institution such as the bank.
b. State governments cannot tax federal bonds but the federal government now has the power to tax state bonds.
B. When congress passed laws which seemingly violated the first amendment Jefferson and Madison claimed the states could nullify such laws.
1. The Virginia and Kentucky Resolves were never fully used as the laws expired before the states attempted to nullify them.
a. John Calhoun argued that a law outlawing slavery would be unconstitutional and could be nullified by the states.
C. The Civil War ultimately decided that the states could not declare laws passed by congress to be unconstitutional.
V. Dual Federalism
A. The ideas of dual federalism state that the national and state governments each have supreme power in there spheres and should both be kept separate from each other.
1. Interstate commerce was to be controlled by congress,
2. Intrastate commerce was to the controlled by state governments.
3.Questions arise over which things specifically are considered interstate and intrastate commerce.
4. The federal government now controls many areas affected by commerce, state governments still regulate along guidelines.
5. Congress can be stopped from passing laws that regulate intrastate commerce even if the law doesn’t seem connected.
VI. State Sovereignty
A. Federalism is specifically defined as a political system where local units of the government make decisions along with the federal government.
1. Local governments exist to lower the burdens on the federal government.
2. Federalism is derived from a nation’s constitution and by the disposition of its people.
B. Unitary systems of government allow all final decisions to be made by the
C. Federal or national government, even allowing room for the local state governments to be entirely overruled.
1. The national government uses its powers and control of money to have state governments act in accordance.
II. Federalism: Good or Bad?
A. Good:
1. On local levels federalism is used to further political corruption, and to protect strong local interests.
2. Areas of the country are able to use federal policies to attack larger issues
3. The fact that federal government is large and widespread prevents any one group or person from gaining too much power.
4. Federalism allows for states to experiment with ideals ` independent of the federal government, such as allowing women to
vote in Wyoming.
5. The federal system allows more people to interact with their government as there are more representatives on local levels
B. Bad:
1. A lack of clear and concise positions on specific issues may cause disputes within government.
2. Disallows speedy progress and does not maintain a feeling of unity within the nation.
III. A Bold, New Plan
A. The state governments and the national government were designed so that neither would have total control over the other.
1. Both would have separate powers to be used for the people, as
both are to be elected by the people.
2. The people’s support of each level of government will shift to balance either side from becoming too powerful or tyrannical.
B. The states are not delegated specific powers by the constitution.
1.These are vaguely mentioned by the tenth amendment. a. the amendment states that powers not delegated to the national government are then given to the states.
2. The elastic language of the constitution allows for the Supreme Court to decide the meanings of each amendment according to the specifics of each individual case.
3. Congress is vaguely given the power to make all laws that are “necessary and proper.”
C. Hamilton believed that as the federal government was created by the people, it should be superior to the state governments.
D. Jefferson believed that the national government was important but still just an agreement of the states and thus inferior to their power.
1. From Jefferson’s viewpoint the biggest threat to liberty was to come from a strong national government.
E. Madison who later in his life supported states rights wrote that the powers of the states are many and the powers of the federal government are few and defined.
IV. The Debate on the Meaning of Federalism
A. The Civil War established the national government as supreme.
1. The war confirmed that states did not have the power to secede
2. The first Supreme Court justice John Marshall defended the federal government’s superiority.
3. The case of McCulloch v. Maryland decided first that the government has the power to establish banks.
a. The decision made in the case also established that a state did not have the power to tax a federal institution such as the bank.
b. State governments cannot tax federal bonds but the federal government now has the power to tax state bonds.
B. When congress passed laws which seemingly violated the first amendment Jefferson and Madison claimed the states could nullify such laws.
1. The Virginia and Kentucky Resolves were never fully used as the laws expired before the states attempted to nullify them.
a. John Calhoun argued that a law outlawing slavery would be unconstitutional and could be nullified by the states.
C. The Civil War ultimately decided that the states could not declare laws passed by congress to be unconstitutional.
V. Dual Federalism
A. The ideas of dual federalism state that the national and state governments each have supreme power in there spheres and should both be kept separate from each other.
1. Interstate commerce was to be controlled by congress,
2. Intrastate commerce was to the controlled by state governments.
3.Questions arise over which things specifically are considered interstate and intrastate commerce.
4. The federal government now controls many areas affected by commerce, state governments still regulate along guidelines.
5. Congress can be stopped from passing laws that regulate intrastate commerce even if the law doesn’t seem connected.
VI. State Sovereignty