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Federalism: National Government and the States
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The constitution is what preserves the union of states as one nation.
The constitution: requires the national government to guarantee certain things to the states Makes it possible for the national government to do certain things for the states |
The national government's obligation to the states
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1. A representative form of government
** representative democracy 2. Protect against invasion on domestic disorder 3. Respect for the physical boundaries of each state |
Federalism definition
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A system of government in which political authority is divided between a national or federal government and its political subdivisions. In this system, national and state governments each have defined powers with some being shared by both and some being denied both.
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Dual Federalism
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Holds that the federal government and the state governments are co-equals, each sovereign.
** in this narrow interpretation, only it, the constitution, clearly grants such (ex: coining money, regulation commerce, foreign affairs) dual federalism is like layer cake |
Cooperative Federalism
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Since federalism shares power, the national government and the states must cooperate in two areas:
** funds (sl) that the national government grants to the states ** services that the states performs for the national government Cooperative Federalism is like marble cake |
Federal Grant-in-Aids:
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Grants of federal money (or other re-sources) to the states
** Types: Categorical (specific purpose, ie airports), block (broadly defined purpose, ie welfare), and project (specific projects) |
Checks and Balances
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Each branch is subject to a # of constitutional checks (restraints) by the other branches
** Each branch has certain powers with which it can check the operation of the two |
War Powers
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The war powers resolution was passed to curb executive power in war making
** War power resolution |
Why has the power of the President Grown
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Congress has delegated authority to the executive branch to carry out the many laws passed the legislative branch
The size of the staff supporting the President has grown, allowing involvement in more areas of government. ** presidents have a unique ability to use mass media |
Stewardship Theory
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Arguing the president should use what ever powers he/she can gain to help the people.
** others have argued that he modern president would be limited by the constitution and argue an increase in power has lead to an imperial presidency |
Executive order
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Are instructions to the staff by the president -yet in recent decades they have become a way for the president to legislate
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Executive Signing Statement
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A written pronouncement upon signing a bill into law by the President
** have been used since Reagan administration by the President to interpret laws and change the intent of the law often |
Executive Privilege
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The power claimed by the president of the United States and other members of the executive branch to resist certain subpoenas and other interventions by the legislative and judicial branch of government
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Limited Government
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Holds that no government is all-powerful, that government may do only those things that the people have given it power to do
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Concept of constitutionalism
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Government must obey the Constitution
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