POLS 1337 1st Edition Lecture 3: FederalismI.Separation of PowersSeparation of Powers consists of 3 Branches- Legislative Branch (Congress)- Executive Branch (President)- Judiciary Branch (Courts)*Each branch is equal yet independent to the othersWeaknesses of Separation of PowersA branch could still grow too powerful, depending on the power of the others- Solution= Checks and BalancesII.Checks and Balances- Help make separation of powers more effective - Based on Montesquieu’s ideas, no branch has a monopoly over any gov’t activityChecks by CongressOn the President: Impeachment, deny funds to president’s objectives, refused confirmation of the president’s appointment & treaties, override vetoes 2/3 voteOn the Judiciary: Impeachment, alter jurisdiction and # of justices, propose constitutional amendment to override objective ruling, create new courtsThese 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.-Impeachment usually occurs b/c of a crime or scandal. Action is taken by the House of RepresentativesEx: 1. Andrew Johnson 2. Bill Clinton (both presidents were acquitted.) Checks by PresidentOn Congress: Veto legislation, enforce laws, call special sessionsOn Judiciary: Appoints all judges and justices, implements judicial decisions- The President decides which laws go into place and also makes budgetsEx: Within the same day, a Police officer pulls over 2 cars that are both going 15 mph over the speed limit. 1 driver is given a warning while the other driver is given a ticket. (The same law is not always enforced in the same way = Discretion)Judicial ChecksOn Congress: Can declare laws unconstitutional Ex: ObamaCareOn President: Can declare president’s acts unconstitutionalEx: Watergate Scandal, United States v. NixonWatergate Scandal- Nixon recorded conversations in the white house (to create a memoir.)- During investigation Nixon refused to hand over tapes, stating that he had “executive privilege” & that white house conversations should be safeguard from Congress. “Executive Privilege” can’t be used while under investigation- Nixon resigned knowing he would be impeached & sentenced. - Gerald Ford pardoned Nixon = no punishment (Americans were upset.)III.Checks and Balances in Federal and State GovernmentFederalism: Division of Sovereignty between at least 2 different levels of government.-Enumerated Powers = Federal Government-Reserved Powers= States (10th amendment.) -Concurrent Powers= Both National & StatesArticle 1, Section 8 : Federal Government is given powers that is denied by the statesEx: authority given among each set of powers (not all listed)Enumerated Powers (Federal Gov’t)-Print money-Declare war-Create Postal system-Create standards of measure (units)Reserved Powers (State Gov’t)-Establish Local Gov’t-Set Minimum wage-Regulate State Commerce-Establish & regulate corporationsConcurrent Powers (Fed & State Gov’t)-Establish Courts-Regulate Banks-Punish Criminals-Borrow Money*Federal Gov’t places a strong influence on state lawsEx: Drinking Age and Blood Alcohol levels = State LawLA was the last state to change from 18 to 21+,Fed. Gov’t withdrew funds for highways until change was madeEx: Education, establishment and regulation = State Law HISD (Houston Independent School District) ,No Child Left Behind (Fed. Law) “If you don’t do X,Y,Z you will not get $”IV.Relationship between State and Federal Government1. What happens when a state law goes against a fed. Law?Ex: McCulloch v. Maryland (1819)- Fed. Gov’t creates Bank of United States- Maryland disliked & taxed bank. - Ruling: Supreme Court – against MD, Bank of United States was constitutional.The Law of the Land: Federal law > State law when against each other. V.Federal Law(The following focuses on a popular current event of Marijuana Legalization)Marijuana: Classified as a Schedule I Narcotic- Schedule I – V ( I Stronger addiction/danger – V less chance of addiction/danger)- At least 1 year sentence & $1000 fine (based on possession)*Public Opinion for legalizing marijuana has increased over the years. Colorado & Washington approved of its recreational use.Colorado-21+-Only 1 oz per person, no public smoking-Can grow 6 plans (max) in secure locations- Gov’t will regulateWashington- Initiative 502 went into effect (Dec. 6th,2012)Gov. John Hickenlooper (D-Colorado): Against Marijuana legalizationAtt. Gen Eric Holder: Fed. Will not challenge the choice of the state on Marijuana legalization, regulations have been made, states must follow guidelinesImplementing the New State Laws(Jan. 1st,2014) Colorado license recreational marijuana stores- Must remain in the legal states- Purchase limit (visitors allowed less than residence)- Cannot smoke in public places- 21+ to purchase &