Constitutional Basis For American Federalism

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AP Government Chapter 3 Notes: Federalism ← Criminal actions can be defined by state law, by national law, or by both. Thus a criminal can be prosecuted in the state court system, or in the federal court system, or both. ← Numerous programs are funded by the national government but administered by state and local governments. ← Understanding federalism and how it differs from other forms of government is important in understanding the American political system. ← There are three ways of ordering relations between central governments and local units: (1) a unitary system, (2) a Confederal system, and (3) a federal system. o Unitary systems allow ultimate governmental authority to rest in the hands of the national…show more content…
These powers can be classified as: o Powers of the National Government – most of the powers expressly (expressed powers) delegated to the national government are found in Article I, Section 8, of the Constitution (enumerated powers). The implied powers of the national government are also based on Article I, Section 8, which states that Congress shall have the power “to make all laws which shall be necessary and proper for carrying” out the laws (necessary and proper clause or elastic clause – because it provides flexibility to our constitutional system). ▪ McCulloch v. Maryland – the elastic clause was first used in this Supreme Court case to develop the concept of implied powers. Through this concept, the national government has succeeded in strengthening the scope of its authority to meet the numerous problems that the framers of the Constitution did not, could not, anticipate. ▪ The inherent powers of the national government derive from the fact that the United States is a sovereign power among nations, and as such, its national government must be the only government that deals with other…show more content…
▪ Ironically, the Civil War brought about in large part because of the South’s desire for increased states’ rights resulted in the opposite; an increase in the political power of the national government. o The debate over the division of powers in our federal system can be viewed as progressing through at least 3 stages since the Civil War: ▪ Dual Federalism: a doctrine that emphasizes a distinction between federal and state spheres of government authority. Is commonly depicted as a layer cake, because the state governments and the national government are viewed as separate entities, like separate layers in a cake. • The Courts tended to support the states’ rights to exercise their police powers and concurrent powers in regard to the regulation of intrastate activities. ▪ Cooperative Federalism: the states and the national government cooperate in solving complex common
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