Federalist #51 – How separation of powers & checks/balances control abuses by the majority Liberty (becomes) possible (when) Each branch should be…mostly independent. To assure such independence, no one branch should have too much power in selecting members of the other two branches.  (Madison goes on to say that) all men are imperfect, the rulers and the ruled. Consequently, the great problem in framing a government is that the government must be able to control the people, but equally important, must be forced to control itself.  Dividing power helps to check its growth in any one direction, but power cannot be divided absolutely equally. In the republican form of government, the legislative branch tends to be the most powerful. That is why the framers divided the Congress into two branches, the House of Representatives and the Senate,

Unit 1 – Foundations of American Democracy Federalism reflects the dynamic distribution of power between the national & State Gov’ts. (con-2) Unit 1 – Foundations of American Democracy

Its imperative to know the definition of federalism because it lies at the heart of the debate between the federalists & anti-federalists Dividing gov’t. into 3 levels (national, state, & local)

THE EXCLUSIVE & CONCURRENT POWERS OF THE NATIONAL & STATE GOV’TS THE EXCLUSIVE & CONCURRENT POWERS OF THE NATIONAL & STATE GOV’TS. HELP EXPLAIN THE NEGOTIATIONS OVER THE BALANCE OF POWER BETWEEN THE 2 LEVELS (CON-2.A.1) EXCLUSIVE (DELEGATED) NAT’L GOV’T. POWERS – These are powers given (delegated) to our nat’l. gov’t. & are specifically stated in the Constitution (Articles 1, 11, & 111) EXCLUSIVE (RESERVED) STATE GOV’T. POWERS – These are powers given exclusively (reserved) to our state gov’ts. & come from the 10th Amendment CONCURRENT (SHARED) NAT’L. & STATE GOV’T. POWERS – These are powers shared by both levels (both have the power to tax) & are listed in Article 1 (s.8) & various state constitutions HOW ARE SOCIETAL NEEDS REFLECTED IN THIS BALANCE OF POWER BETWEEN THE 2 LEVELS – We allow our nat’l. gov’t. certain powers to help us solve national problems or achieve national goals, while we reserve certain state powers for the state gov’ts. to handle regional & local issues (give me an example for both)

THE DISTRIBUTION OF POWER BETWEEN FEDERAL & STATE GOV’TS THE DISTRIBUTION OF POWER BETWEEN FEDERAL & STATE GOV’TS. TO MEET THE NEEDS OF SOCIETY CHANGES, AS REFLECTED BY GRANTS, INCENTIVES, & AID PROGRAMS, INCLUDING FEDERAL REVENUE SHARING, MANDATES, CATEGORICAL GRANTS, & BLOCK GRANTS(CON-2.A.2) HOW HAS THE DISTRIBUTION OF POWER BETWEEN FEDERAL & STATE GOV’TS. CHANGED AS REFLECTED BY GRANTS, INCENTIVES, & AID PROGRAMS– The federal gov’t. has always been able to raise more $ than the states, so over the years, it has offered $ in various forms to the states (but this is a double-edged sword – why) FEDERAL REVENUE SHARING Simply put, the federal gov’t. will share portions of its federal tax revenue with the states (comes with strings attached) MANDATES These are rules that states must follow in order to receive federal $ CATEGORICAL GRANTS Federal $ given to the states for specific purposes (to build an airport, renovate a college dorm) & usually comes with some sort of mandate attached BLOCK GRANTS Federal $ given to the states for general purposes (education, law enforcement) & usually free from any mandates (this grant became common during the Reagan Era as Republicans tried to reduce the size of our national gov’t.)

explain how THE APPROPRIATE BALANCE OF POWER BETWEEN NAT’L explain how THE APPROPRIATE BALANCE OF POWER BETWEEN NAT’L. & STATE GOV’TS. HAS BEEN INTERPRETED DIFFERENTLY OVER TIME Learning Objective (CON-2B)

THE INTERPRETATION OF THE 10TH & 14TH AMENDMENTS, THE COMMERCE CLAUSE, THE NECESSARY & PROPER CLAUSE, & OTHER ENUMERATED & IMPLIED POWERS IS AT THE HEART OF THE DEBATE OVER BALANCE OF POWER BETWEEN THE NAT’L. & STATE GOV’TS.(CON-2.B.1) 10TH AMENDMENT Any powers not already mentioned will be reserved for the state gov’t.s 14TH AMENDMENT Defined citizenship regardless of race/color/etc. & made sure that each state will follow this amendment as well along with preventing any state from depriving anyone of life, liberty, & property w/out due process & equal protection of the laws (incorporation doctrine) INTERSTATE COMMERCE CLAUSE Article 1 (s.8) Clause 3 – gives Congress (nat’l. gov’t.) the power to regulate commerce between states NECESSARY & PROPER CLAUSE (ELASTIC CLAUSE) Article 1 (s.8) Clause 18 – gives Congress (nat’l. gov’t.) the power to create any additional powers that it feels ‘necessary & proper’ to carry out all of its duties in Article 1 (s.8) OTHER ENUMERATED & IMPLIED POWERS Congress used its implied powers given to it from the Elastic Clause to create a national bank to help it coin $, collect taxes, & regulate interstate commerce (the states didn’t like this)

Frq#2 – How has the balance of power between the national & state governments changed over time based on the u.s. supreme court interpretations of mcculloch vs. maryland (1819) & u.s. vs. lopez (1995)(CON-2.B.2) 1st paragraph – intro paragraph of 3-5 sentences introducing your thesis 2nd paragraph – support your thesis with evidence from McCulloch vs. Maryland (3-5 sentences) 3rd paragraph – support your thesis with evidence from U.S. vs. Lopez (3-5 sentences) 4th paragraph – conclusion paragraph of 3-5 sentences restating your thesis