Answer the following questions in complete sentences.

Transcription

1 #1 Federalism Federalism is the sharing of power between national and state governments. In America, the states existed first, and they struggled to create a national government. The U.S. Constitution is hardwired with the tensions of that struggle, and Americans still debate the proper role of the national government versus the states. In creating a federalist system the founders were reacting to both the British government and the Articles of Confederation. The British government was and remains a UNITARY SYSTEM, or one in which power is concentrated in a central government. In England, even though local governments exist, they generally have only those powers granted them by Parliament. The national government is supreme, and grants or retains powers to and from local governments at its whim. The Articles of Confederation represented an opposite form of government, a CONFEDERATION, which has a weak central government and strong state governments. In a confederation, the state or local government is supreme. The national government only wields powers granted by the states. Federalism is a compromise meant to eliminate the disadvantages of both systems. In a federal system, power is shared by the national and state governments. The Constitution designates certain powers to be the domain of a central government, and others are specifically reserved to the state governments. 1. A "compound" is something made of two or more pieces. What are the two pieces that make up Madison's compound government that he refers to in Federalist 51? 2. What do we call this system today instead of a compound? 3. Why would the Framers of the Constitution embrace Federalism over a unitary system or confederation? 4. How does federalism protect against tyranny?

2 #2 Delegated, Concurrent & Reserved Powers. The concept of Federalism is one that underlies all concepts about the power of government in the US system. Federalism within the United States system is the balancing of power between a Federal Government and State Governments. Within this system the Federal Government is superior to the State Governments. For example, a state could not pass a law that directly contradicted a law passed on the federal level. Within these principles, power is divided among the federal and state governments. The US Constitution specifically states what types of powers are to be granted to what governments. Delegated Powers - To delegate means to specifically assign, in this case delegated powers are those powers specifically assigned to the Federal Government. The founding fathers feared a national government that would overstep its bounds, so they took care to only allow the national government very specific powers. These are also referred to as enumerated powers. Reserved Powers - To reserve is to save, in this case all powers not specifically delegated the Federal Government are to be reserved or saved for the State Governments. Concurrent Powers - Concurrent means "at the same time", in this case concurrent powers are those that both the federal and state governments have simultaneously. 1. Within federalism what level of government superior, what effect does that have on laws? 2. What is the difference between delegated or enumerated powers and reserved powers? 3. Compare and contrast the delegated and reserved powers, who has control over foreign affairs, who has control of domestic affairs? 4. What do concurrent powers and the common good have in common?

3 #3 Separation of Powers The term "trias politica" or "separation of powers" was coined by Montesquieu, an 18 th century French social and political philosopher. Under his model, the political authority of the state is divided into legislative, executive and judicial powers. He asserted that, to most effectively promote liberty, these three powers must be separate and acting independently. Separation of powers, therefore, refers to the division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another. The intent is to prevent the concentration of power. 1. How does the US Constitution implement Montesquieu s ideas? 2. Does Madison say it is possible to have tyranny in a democracy? Explain. 3. What is Madison s main argument in Federalist 47? 4. How does the separation of powers protect against tyranny?

4 #4 Checks and Balances Checks and balances is a principle of government under which separate branches are empowered to prevent actions by other branches and are forced to share power. Checks and balances are applied primarily in constitutional governments. They are of fundamental importance in tripartite governments, such as that of the United States, which separate powers among legislative, executive, and judicial branches. 1. According to Madison in Federalist 51, what is the purpose of checks and balances? 2. How does the judicial branch check the legislative branch? 3. How can the legislative branch check the action of the Supreme Court if it declares a law unconstitutional? 4. How do the people have the ultimate check over all 3 branches of government?

5 #5 Popular Sovereignty Popular sovereignty means basically people power. It is government based on consent of the people, their right to vote. The government s source of authority is the people, and its power is not legitimate if it disregards the will of the people. Government established by free choice of the people is expected to serve the people, who have sovereignty, or supreme power. There are four ways that popular sovereignty is expressed in a democracy. 1. The people are involved either directly or through their representatives in the making of a constitution. 2. The constitution made in the name of the people is ratified by a majority vote of the people or by representatives elected by the people. 3. The people are involved directly or indirectly in proposing and ratifying amendments to their constitution. 4. The people indicate support for their government when they vote in public elections, uphold the constitution and basic principles of their government, and work to influence public policy decisions and otherwise prompt their representatives in government to be accountable to them. Popular sovereignty was asserted as a founding principle of the United States of America. The Declaration of Independence of 1776 asserts that legitimate governments are those deriving their just Powers from the Consent of the Governed. Later, in 1787, the framers of the U.S. Constitution proclaimed popular sovereignty in the document s Preamble: We the people of the United States... do ordain and establish this Constitution for the United States of America. Popular sovereignty was also expressed in Article VII of the Constitution, which required that nine states approve the proposed framework of government before it could become the supreme law of the land. 1. What is popular sovereignty and how is it related to the Consent of the Governed? 2. How is popular sovereignty expressed in a democracy? 3. How is popular sovereignty appear in the Preamble? 4. How is popular sovereignty a protection against tyranny?