Essay on Ap Gov Unit 1 Constitutional Underpinnings
1628 WordsSep 16, 20127 Pages
Constitutional Structure of American Federalism
3 constitutional powers allow the federal system 2 expand the gov’s power 2 meet the needs of a modern nation in a global economy. * Expansion Rests on 4 pillars 1. National Supremacy Article 2. War power 3. Commerce clause 4. Power 2 tax/ spend 4 gen. welfare
Interpreting Federalism * Mulloch vs. Maryland: under the Necessary And Proper Clause- the fed. Gov. has implied powers * The constitutional established supremacy as the fed. Gov. (preemption- when fed. Law or regulation precludes enforcement of state/loc. Law or regulations.) * So, you can’t tax a federal entity. * Local is less competitive, and less likely to represent ethnicity.
The Great…show more content…
Inherent Powers Powers of nat. gov in foreign affairs that Supreme Court has declared do not depend on the constit. grants, but rather grow out of the very existence of gov. Denied Powersactions the gov. can’t use: * Suspend writ of habeus corpus telling a arrested person what they’re charged with * Bills of attainder punish w/out a trial * Ex Post Facto law making an act a crime after the act is committed * Titles of nobility Federalism * Scholars argue over the idea of federalism * Over 267 definitions are found for it :O * “A form of government where a constitution distributes authority and powers between a central gov and sub gov’s” Competing Ideas of Federalism * Dual/Layer cake Federalism views the constitution as giving a ltd list of powers- mostly foreign policy and national def- 2 national gov leaving rest 2 sovereign states (last 100 years) * Cooperative Federalism Federalism in which the powers of the states and the national government are intertwined like the swirls in a marble cake. Competing Ideas of Federalism 1. Views nat/state/local gov’s all compete 2 put packages