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UIUC PS 101 - Separation of Powers and Federalism

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PS 101 1st Edition Lecture 5Outline of Last Lecture I. Constitution-Basic StructureII. Precursors to the ConstitutionIII. The Constitutional Convention-The Virginia Plan-The New Jersey Plan-The “Final” ProductOutline of Current Lecture I. Review of Basic Principles II. Legislative Branch-Article I-Checks on Legislature III. Executive Branch-Article II-Checks on the PresidentIV. Judicial Branch-Article III-Checks on the JudiciaryV. Federalism-Constitutional Provisions-Ratifications VI. Changing the Constitution-ProcessCurrent LectureI. Separation of Powers & Federalism: Review of Basic PrinciplesA. Republicanism B. Federalism1. Federalism is the federal principle or system of government; thedistribution of power between a central authority and the constituent units.2. Avertical division of power between national and state/local governments and state/local governments. These notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.3. The opposite is a unitary government. C. Separation of Powers1.A horizontal division where lawmaking, enforcement, and interpreting duties go to separate branches.2. The opposite is a parliamentary fusion of powers system (legislature chooses the executive).D. Checks and BalancesII. Legislative Branch (believed it should be the most dominant branch)A. Article I1. What is the scope of its power?a. Enumerated powers (given to the branch by the Constitution)i. Means that Congress can only exercise powers given to it by the Constitution.b. Implied powersi. Provided by the necessary and proper clause in the Constitution (aka the “elastic” clause because powers of congress can stretch beyond what’s listed).2. Checks on the Legislaturea. Executive branchi. Can veto laws.b. Judicial branchi. Has judicial reviewii. Ability to declare acts of Congress unconstitutional (and overturn them; leaves congress to rewrite the act).III. The Executive BranchA. Article IIB. Basic task is “to take care that the laws be faithfully executed”C. Powers given to the President1. Commander in chief of the armed forces (represents all rather than a small amount of people).2. Make treaties with other countries (they need a go-to person).3. Appoint government officers, diplomats, and judges.D. Checks on the Presidency1. Legislative brancha. Treaties and appointments have to be ratified by the Senate (check of power).b. Congress has a role in declaration of war (to approve it).c. Can override presidential vetoes (but need supermajority).d. Can vote to impeach the president.2. Judicial brancha. Can declare presidential acts unconstitutional.b. Presides over impeachment proceedings.IV. Judicial BranchA. Article IIIB. What details does the Constitution provide?1. Supreme Court would be the highest in the land. 2. Judges would serve for life, barring bad behavior. 3. Division of original jurisdiction (which means court is the first stop for a case) and appellate jurisdiction.C. Checks on the Judiciary1. Executive brancha. Appoints judges2. Legislative brancha. Approves judges and creates and eliminates federal courts.V. FederalismA. The Framers’ DilemmaB. Constitutional Provisions1. The supremacy clause (Article VI) a. If a state law and national contradict one another, the national law wins.2. Relationships between states (Article IV) a. Says that states can’t print own money, have their own army, etc—they must be unified.3. Rights expressly denied the states (Article VII)4. Rights reserved to the states (10th Amendment) a.What they can do.b. “The powers not delegated to the United StatesConstitution, nor prohibited to it by the States, are reserved to the States…”C. The Debate Over Ratification1. What was necessary to ratify?a. A super majority was needed.2. How long did it take?a. It took a while because there was a philosophical difference.D. Who were the combatants? 1. The Federalistsa. James Madison, Alexander Hamilton, John Jay 2. The Anti-Federalistsa. Thomas Jefferson, Thomas Paine, Patrick HenryE. The Arguments1. Anti-Federalistsa. A strong central government would violate state power `and individual liberties (It was similar to having a king).2. The Federalists' Responsea. Thought anti-federalists were overreacting.b. Safeguards were built into the Constitution.c. Representative government would prevent mob rule.d. System of separation of powers and federalism would prevent any one faction from having control. F. The Concession? (Federalists made changes to appeal to Anti-Feds)1. Add a "Bill of Rights"a. Anti-Federalists were more willing to ratify once this was added.b. But Federalists said that it was unnecessary and maybe even dangerous.i. By spelling out liberties that people did have, this suggested that there were those they didn’t have.VI. Changing the ConstitutionA. The Formal Amendment Process1. Proposing an Amendmenta. Introduced and approved by 2/3 of the House & Senate or by a convention requested by 2/3 of the state legislatures.2. Ratifying an Amendmenta. A vote of the legislature of 3/4 of the states or a vote of state conventions in 3/4 of the states.3. Why make it so hard?a. They didn’t want amendments being made all the time, they wanted it to be short and sweet and focus on basic principles.B. Changing the Constitution1. Indirect Routes a. Judicial reviewi. In interpreting the Constitution, courts can give new meaning to its provisions.b. Political practicei. Practice has changed how some institutions work.ii. Power dynamics between branches have shifted over time.C. Enduring Debates1. Strict constructionists (think of framers) vs. loose constructionist (who think things have changed).2. Balance of power between Congress and the President.3. States’ rights vs. national government power.D. Competing Models of Federalism1. Dual Federalism--The "Layer-Cake Model”a. Strict separation in powers and responsibilities of national and state governments.b. Relationship is characterized by tension.2. Cooperative Federalism--The “Marble-Cake Model”a. National and state governments jointly participate in most spheres.b. Relationship is characterized by cooperation by different


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