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Politics of the United States
Terms in this set (34)
3 basic types of government systems
unitary, federal, confederal
US was the first company in the world to employ:
a federal system of government
a system of government in which constitutional authority rests with a national or central government. Any regional or local governments are subordinate to the central government.
a system in which member state of regional governments have all authority, and any central government has only the power that state governments choose to delegate to it.
First system adopted by Americans, but proved to be unworkable.
US Constitutional Convention in 1787
Federal system was invented after confederalism failed.
represents an attempt to combine the advantages of a unitary government with the advantages of a confederacy.
Advantages of a unitary government
National unity and uniformity where they are necessary
Advantages of a confederacy
Local control and policy diversity from state to state where possible
Democratic federal states
US, Germany, Argentina, Australia, Brazil, Canada, Inida, and Mexico
Non-democratic federal states
Ethiopia, Pakistan, and Russia
system in which governmental power is divided and shared between a national or central government and state or regional governments.
3 types of powers in the US federal system
delegated, reserved, and concurrent
those that the constitution gives to the national government
3 types of delegated powers
expressed, implied, and inherent
powers that are clearly listed in Aricle I, Section 8 of the US Constitution
Delegated powers that are assumed to exist in order for the federal government to perform the functions that are expressly delegated.
delegated powers that come with and office or position, generally the executive branch.
powers that belong to the states, the legitimacy of these powers comes from the Tenth Amendment
powers shared by the national government and the states
Examples of delegated powers
declare war, raise armies, enter into treaties, coin money, regulate international and interstate commerce
Examples of reserved powers
Conduct elections, provide for the public health safety, ratify constitutional amendments, establish and provide for local governments, state police powers.
Examples of concurrent powers
borrow money, levy taxes, make and enforce the law, establish courts, charter banks
states that the US Constitution, as well as laws and treaties created in accordance with the US Constitution, sueprsede state and local laws.
When federal law and state law are in conflict, the federal law must be followed.
Helps define the balance of power in the federal system
It reads: The powers not delegated to the US by the Constitution, nor prohibited by it to the states, are reserved o the states respectively, or to the people.
Article I, Section 8
enumerates the powers granted to Congress, including the power to regulate interstate commerce.
used to justify the Patient Protection and ACA
Necessary and proper clause
It reads: To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other power vested by the constitution in the government of the US.
McCulloch v. Maryland
US Supreme Court broadly expanded the powers of the federal government in 1819 citing the Supremacy clause and the necessary and proper clause.
.Maryland attempted to tax the Second Bank of the US in a desire to limit competition
the understanding that the federal government and state governments are both sovereign within their sphere of influence.
Dual federalism is characterized by 4 features that indicate demarcations between the states and the federal government
1. The national government is one of enumerated powers only.
2. The purpose which the national government may constitutionally promote are few.
3. Within their respective spheres the two centers of government are sovereign and hence equal.
4. The relation of the two centers with each other is one of tension rather than collaboration.
Edward S. Corwin
postulated the four characteristics of dual federalism.
He argued that "what was once vaunted as a constitution of rights, both state and private, has been replaced by a constitution of powers."
Cooperative federalism definition
a relationship where the national government and the states are mutually complementary parts of a single government mechanism all of whose powers are intended to realize the current purposes of government according to their applicability to the problem in hand.
used the power of the national government to encourage the states to pursue certain public policy goals. When the cooperated, they would receive matching funds or additional assistance from the national government. When the states did not cooperate, funds could be withheld from the states.
Adoption of the federal income tax
1913, drastically altered the financial relationship between the national and state governments by making possible extensive federal aid to state and local governments.
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