FEDERALISM Territory, democracy, and justice, regionalism and federalism in western
Government2009 federalism
description
Transcript of Government2009 federalism
Federalism
Federalism
• A political system in which there are local units of government, as well as a national government, that can make final decisions with respect to at least some governmental activities. (pg. 50)
So who makes the final decision
State or
local authority
Central
Governmen
t
Who has the power (state vs. national government)
• The relationship between the national and state governments has been a source of conflict since conception.
• From the Articles of Confederation through slavery.
• This relationship “is the cardinal question of our constitutional system” –Woodrow Wilson
What determines this relationship?
The Government Structure
Unitary Federal Confederal
Three primary lines of power exist within government structure. Each structure reflects how power is distributed between national and local governments, and how it is enacted upon citizens.
These lines of power are:1. Unitary 2. Federal3. Confederal
Unitary System
Central Government
Citizens
State or Local
Government
One in which sovereignty is wholly in the hands of the national government, so that the states or local governments are dependent on its (national) will.
For example, welfare, highways, education, the police, and the use of land are all directed by the national government in a unitary system.
Countries which have a unitary system include France, Great Britain, Italy, and Sweden
Federal System
State or Local
Government
Citizens
Central Government
Sovereignty is shared, so that in some matters the national government is supreme and in other matters the states are supreme.
Examples include Canada, Australia, India, Germany and……
Confederal System
State or Local
Government
CitizensCentral Government
States are sovereign and the national government is allowed to do only that which the states permit.
Consider two historical examples:Ancient GreeceArticles of Confederation
What else determines “the” relationship
(federalism)History • Goal of founders:
federalism one device whereby personal liberty was to be protected.
• A process of elimanation?
• Tyranny of King; dependence upon the states
The Constitution & Court
• What does the document say?
• Federalism through precedent & interpretation.
Relating to federalism
• Necessary & Proper Clause– Section of the Constitution allowing Congress to pass
all laws “necessary and proper” to its duties, and which has permitted Congress to exercise powers not specifically given to it by constitution
• Nullification– Doctrine that a state can declare null and void a
federal law that, in the state’s opinion, violates the Constitution
• Dual Federalism– Doctrine holding that the national government is
supreme in its sphere, the states are supreme in theirs, and the two should be kept separate