#1. (Chapter 2) Define Federalism and Separation of Powers, Identify the Major Sources of State and Federal authorities explicit to the Constitution, and explain why the division of powers architecture was important to the Framers.
Federalism is the division of Governmental powers and authorities between the State and Federal Governments. Separation of Powers is not actually labeled or defined within the constitution. However, the Framers of the constitution found “to avoid tyranny, a separation or division of authority must exist” (Feldmeier & Hall, 2012). They believed if the powers and authorities weren’t separated there would be sheer chaos in the Nation. The U.S. Constitution explains the authorities the State and Federal
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Some more of the powers of Congress found in Article I, section 8 of the Constitution are; “Congress has the power to impose and collect taxes which are to provide for the debts of the United States, as well as for the common defense and welfare of the Country, Congress has the power to borrow money on behalf of the United States, The regulation of commerce, both on the international and interstate levels, Congress has the Power to establish currency and coin money, The power to establish post offices, and to organize, train, and arm a militia” (Understanding Enumerated Powers, 2014).
#4. (Chapter 5) Explain presidential privilege and immunity, citing and discussing the most significant Supreme Court cases in the area.
Once a person is officially elected to be the United States President, he is entitled to presidential privilege. Presidential privilege consists of matters of confidentiality. A matter Presidential privilege was first questioned “by a federal court in the 1807 treason prosecution of Aaron Burr. An issue in United States v. Burr was the production of a letter Aaron Burr had sent to President Thomas Jefferson” (Feldmeier & Hall, 2012). In this case, President Jefferson had to produce the said letter. Presidential privilege was questioned again when President Nixon was in office. There were accusations of President Nixon recording conversations which were held in the oval
Federalism is two governments working together and sharing power. This means that the national government does not have all the power since the states have some and the states have some power so the national government have all the power. They share power so one doesn’t grow too powerful and become a tyrant. An example is driving laws. The states can make their own driving laws and there is no national power over it. But the national government does have the power to override the states if they think the states are becoming too loose in their
Federalism is the process in which two forms of governments share powers over a certain area of land. The two government powers apparent in the United States compose of state governments and the federal government. Federalism works by splitting up different powers to individual state governments and federal government. For example, state governments have power over schooling and education, but the federal government has no say in this. In contrast, the Federal Government can declare war at anytime they want, but state governments have no say in this. Although these two governments have coexisted for over two hundred centuries, discrepancies have occurred throughout the American history.
In the Unites States of America Federalism is the basic structure of the American government; it is the distribution and balance of powers between the National government and the States government. In order to obtain a compromise between those who wanted stronger state government and those who preferred a stronger national government the founding fathers arranged and settled for a federal system rather than the alternatives of a unitary or confederal system. While both National and State governments each have specific powers and authority, they also share certain powers and must be able to cooperate effectively with each other.
The Constitution gave sole authority to declare war, as well as raise and support an Army and Navy, to the legislative branch. Furthermore, Congress was granted the power of the purse. Modeled after the British Parliament’s control over the King through the control of money, the framers of the constitution created a separation of powers supported by the philosophy of Locke and Montesquieu, oversight through funding. The frames intent for these powers would enable Congress to balance the authority of the President, the Commander in Chief, and submit him to Congressional approval for the use of force.
Article I, Section 8, Clause (Necessary and Proper Clause) – Grants Congress the powers that are implied in the Constitution, but are not explicitly enumerated in the Constitution.
When it comes to federalism, it is not the easiest to pinpoint the exact meaning. Federalism can be defined as the distribution of power in an organization between a central authority and a voting member of a community (Merriam, Webster). It can be described as one of two fundamental organizational principles of the U.S Constitution. The other basic organizational principle, such as separation of powers, involves the distribution of powers within the National Government. It is said that federalism is the single most important protection for our freedom ( Nagel, 181). There are many different types of federalism, including Dual, Cooperative, Regulated, and New federalism.
Federalism – a form of government in which power is divided between the federal/national government and state governments.
Federalism- A way of organizing a nation that two or more levels of government have formal authority over the same land and people; it is a system of shared power between units of power.
Federalism is the division of power between national and state government. Federalism was supported by Doc A, an excerpt of The Federalist Papers; A series of essays written by Alexander Hamilton, James Madison, and John Jay in support of the Constitution. The following quote is an excerpt from Federalist Paper #51, written in 1778 by James Madison. “In the compound republic of America, the power surrendered by the people is first divided between two distinct governments, and the portion allotted to each subdivided among districts and separate departments.” In the aforementioned quote, James Madison is referring to the national state governments. Due to federalism, power is split between local and federal governments, preventing all power being controlled by one group. As a result, the two governments each have their own powers, which prevents total rule from a national or state government. Additionally, the power in these branches are split into three more branches. This prevents any one branch of government from having total power, which guards against
Federalism is a compound way of governing, with a central government, also known as a federal government, and a local government. Each government had their own powers, but to accomplish the bigger goals the key was to have cooperation and teamwork to solve the issue. The federal government’s powers were solely focused on war, money and relations with other countries and states outside of the United States. In accordance, the local government took care of the more specific things going on in that certain state. For example, they took care of things such as elections, constructing schools, and passing laws for marriage and divorce. This helps to guard against having a government ruled over by a tyrant by having the more sizable powers given to the higher-up individuals in the government, and the locals governments dealt with the laws that pertained to their specific state. “In the compound republic of America, the power surrendered by the people is first divided between two distinct governments, and the portion allotted to each subdivided among distinct and separate departments” (Document A). The governments are ruled this way because if one government had all the power, they would surely use it unfairly, as all that power would get to their head. “Hence a double security rises to the rights of the people” (Document A). This would in fact raise the rights that the people had because they would have a
Federalism is the federal principle of government. The government is divided into two different parts, The Federal government and the State government. "The different governments will each control each other, at the same time that each will be controlled by itself" (Document A). That quote is saying, The central and state government share power, but also have their own power. A few powers they share is, they can both tax people and make laws.
From James Madison, Federalist Paper #51, It states that Federalism is the “division of power between central and state governments is known as Federalism.” In document A there is a venn-diagram that shows the powers that are only given to the states, like being able to establish schools. It also shows the powers that are unique to the central government, like the powers to print and coin money, plus being able to provide an army and navy. Lastly, they have shared powers like the power to tax. Federalism prevents tyranny by splitting central and state government’s power keeping one or the other from getting more
Federalism is the division of powers between state and national governments. Federalism gave lower levels of government power that they did not have. The purpose of federalism is to give the people a sense of power, and essentially more liberty. However, it also allows a balance of power by giving states the rights to make their own laws, all while still recognizing the national government as superior.
The powers of the Congress are listed almost exclusively in the Constitution under Article I, Section 8 which state powers such as: the right to declare war, the right to establish a uniform Rule of Naturalization, and the right to regulate commerce with foreign nations. The Congress is also given the right to lay and collect taxes among other things. The House of Representatives has the greatest privileges of either the house or the senate. The House of Representatives has the power to impeach, or bring charges against, federal officials for misconduct. If no candidate in a
Imagine what it would be like if the government could access everything on your phone because you were suspected of a crime. Is that kind of power necessary for the safety of citizens, or is the government abusing their power? For instance, the FBI (Federal Bureau of Investigation). Their job is to gather facts, evidence, to solve and prevent crimes. Recently, on December 5th, they investigated a terrorist attack that was constructed by a married couple, Syed Rizwan Farook and Tashfeen Malik that murdered 14 people in a mass shooting/bombing in San Bernardino, California. After the shooting, the police chased and killed the couple. A few days later, the FBI recovered an iPhone 5C that was owned by Syed Rizwan Farook. The FBI first ask the NSA(National Security Agency), but they weren’t able to unlock the device, so they asked Apple (Multinational Technology Company) to