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Federalism and the Balance of Powers
Our Government Now Federalism and the Balance of Powers
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The Constitution 3 Parts 2 Things Preamble: We the people...
Articles: There are 7 Amendments: Bill of Rights + 17 others = 27 2 Things Federal Gov. Balanced Central Gov.
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Federal-State Relations
Articles I-III (1-3): Central Gov. Express and Implied Powers Article IV (4): Military Protection Article VI (6): Supremacy Clause Const., federal laws & treaties "supreme law of the land" 10th Amendment: Gives States Reserved Powers
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Grants and Mandates: Control outside the Constitution
Federal Grants Money for States to perform duties Way to control States Block Grants Based on population; less “ties”
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Mandates Often tied to Federal Funding Creates minimum standards for State duties Some argue this goes against State rights
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State-State Relations
Article I (1): Interstate Commerce Article IV (4) All Citizens have equal protection in all States Interstate relations
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Articles I (1), II (2) & III (3): The Central Government
I: Legislative Branch House of Rep. & Senate II: Executive Branch President, V.P. & Cabinet III: Judicial Branch Supreme Court & Inferior Courts
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Powers of Congress Create Laws Enumerated Powers Elastic Clause:
Finances outside of States National Defense & Declare War Other: Est. Courts, Post Offices; Citizenship Elastic Clause: "Necessary & Proper": Source of Implied Powers
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Other Powers Confirm/Deny Appointments Impeach Control Funding
Begin process of firing President or Judges Control Funding Ratify Treaties Override Veto
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Executive and the President
Departments Carry out laws passed by Congress Currently 15 Justice, Education, Treasury, etc... Other Bodies NASA, EPA, USPS, AMTRAK, FDA, etc...
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President Powers: Veto Executive Orders
Draft Treaties, appoint officials, grant pardons, "emergency action" Veto Laws require approval to ratify Executive Orders Limited power to make and influence laws
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Judicial Branch Jurisdiction Judicial Review
Constitution, Federal Law, Treaties, International Law, Bankruptcies Judicial Review Federalist No. 78: "… belongs to them to ascertain its meaning..." Makes Constitution a Living Document
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Checks & Balances Power Balance Graphic
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