1. Separation of Powers, Federalism & States
Checks & Balances Too!

2. Government & The State
Government: an institution through which a society makes and enforces its public policies, made from the people who exercise its powers and all those who have the authority and control over people.
State: A body of people, living in a defined territory, organized politically (with a government), and with the power to make and enforce law without the consent of any higher authority.
Sovereign: has supreme and absolute power within its own territory and can decide its own foreign and domestic policies, not subordinate nor responsible to any other authority

3. The constitution… What does the U.S. Government do?
The Preamble: “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”

4. Separation of powers
Montesquieu, was a French lawyer, man of letters, and political philosopher who lived during the Age of Enlightenment
XXX.— “In the government of this Commonwealth, the legislative department shall never exercise the executive and judicial powers, or either of them: The executive shall never exercise the legislative and judicial powers, or either of them: The judicial shall never exercise the legislative and executive powers, or either of them: to the end it may be a government of laws and not of men.” (Massachusetts constitution 1780)
Definition: an act of vesting the legislative, executive, and judicial powers of government in separate bodies

5. 3 branches of government
Legislative: makes the laws or writes the laws
Executive: enforces the laws or carries out the laws
Judicial: interprets the laws or examines the laws

6. Checks and balances Article 1, section 1 Section 1
All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
Article 2, section 1
The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows
Article 3, section 1
The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

7. definition
a system in which the different parts of an organization (such as a government) have powers that affect and control the other parts so that no part can become too powerful

8. How it works…
Congress creates lowers courts, removes judges through impeachment, and senate approves or rejects the approval of judges
Judges are appointed for life, free from executive control. Can declare executive items unconstitutional
Judicial review
Courts can declare acts of congress unconstitutional
President appoints the supreme court justices and other federal judges
President may veto legislation, call special sessions, recommend legislation, and appeals to the people
Congress makes laws, creates agencies, appropriates funding, may override veto with 2/3 vote, may remove a president through impeachment, senate approves treaties, war, and presidential appointments

9. Judicial review
In the United States, judicial review is the ability of a court to examine and decide if a statute, treaty or administrative regulation contradicts or violates the provisions of existing law, a State Constitution, or ultimately the United States Constitution. While the U.S. Constitution does not explicitly define a power of judicial review, the authority for judicial review in the United States has been inferred from the structure, provisions, and history of the Constitution.

10. Federalism
Definition: a system on government in which the written constitution divides the powers of government in a territorial basis between a central or national government, and several regional governments, usually called states or provinces.
“The framers found their solution in federalism. In short, the constructed the federal arrangement, with its division of powers, as a compromise. It was an alternative to the system of nearly independent states, loosely tied to another…and a much feared, too powerful central government.”

11. Division of powers
The American system of government stands as a prime example of federalism.
“The Powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” -10th Amendment
The National government is a government of delegated powers… constitution!
There are 3 kinds of delegated powers; expressed, implied, and inherent.

12. Expressed powers Spelled out, expressly in the constitution
Most can be found in article 1, section 8.
18 clauses gives 27 powers to the congress
Collect taxes, make money, regulate foreign trade, interstate commerce, raise & maintain armed forces, declare war, fix standards of weights & measures, grant patents & copyrights…
Article 2, section 2; powers to the president
Grant pardons, commander in chief of armed forces, make treaties, appoint federal officials…

13. Implied powers “reasonably suggested”
Article 1, section 8, clause 18: gives congress the “necessary and proper power.”
Elastic clause –stretched to cover so many situations over time
Regulation over labor & management, building electric dams, interstate highways, state lines laws; gambling, kidnapping, and stolen goods.
Prohibited racial discrimination
Most justified by “power to regulate interstate commerce”

14. Inherent powers
Because the national government is a sovereign state in a bigger world community…
All national governments have come to possess even if constitution doesn’t say
Power to regulate immigration
Regulate foreign trade
Acquire new lands
“These powers exist because the united states exists”

15. Reserved powers Based on the 10th amendment
These are powers not granted to the national government, but not denied to the states.
Marriage laws, liquor laws, pornography, prostitution, gambling, licensing laws,
Powers denied to the states treaties , alliances, money, or not follow due process of law.

16. Concurrent powers Shared powers
Levy taxes, collect taxes, define crimes & punishment, and condemn private property for public use (eminent domain)

17. The federal system and local governments
More than 87,000 units of local government!
They are parts or subunits of the states
Local governments can provide services, regulate activities, and collect taxes

18. The supreme law of the land
The supremacy clause
The framers anticipated conflict, so they wrote the clause.
Article 6, section 2
“This constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the united states, shall be the supreme law of the land; and the judges in every state shall be bound thereby, any thing in the constitution or laws of any state to the contrary notwithstanding.”

19. Supreme court and federalism
Clash between states; McCulloch v. Maryland, 1819
Justice John Marshall
The supreme court is the umpire.

20. republic Republic from romans
The constitution requires the national government to guarantee to every state in the union a republican form of government

21. Admitting new states Often more than 15 years. 37 new states!
Last was in 1959

22. Enabling act
Act that directs people of a territory to write constitution.
Then voted for In the state for acceptance.
Then submitted to congress, then passes an act of admission

23. Cooperative federalism
Tug of war, shared powers!
Grants-in-aid programs
Categorical grants
Block grants
Project grants
Revenue sharing

24. Interstate compacts
Examples!

25. extradition Article 4, section 2, clause 2
Justice in one state means justice in another state
1945: Williams v. North Carolina
Federal/national extradition