Federalism

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  • Federalism
  • What is federalism?
    • The division of power between the national (federal) government and the 50 individual states
    • The decentralisation of power, with power dispersed between the two levels
    • Each of the states has its own government structured around:
      • A state constitution
      • A state governor
      • A bicameral state House and Senate
      • a state supreme court
    • Madison
      • "Avoids the danger of too much power in too few hands"
  • How does federalism work?
    • The constitution gives both the federal and state governments guaranteed powers and their own areas of authority
    • There have been numerous developments to federalism since the constitution was written in 1787:
      • Enumerated powers
        • Federal congress can legislate on defence, currency and naturalisation of citizens, regulate state commerce and provide for the 'common defence'
      • Inherent powers
        • Responsibility for foreign relations and waging war, also granted to federal governmenta
      • Implied powers
        • Not explicit but are shown in the wording of the constitution
          • i.e. the right to make laws that are 'necessary and proper'
      • Mculloch v Maryland
        • Supreme Court (1819) established the supremacy of the federal government and congress over state governments
      • 16th Amendment
        • (1913) allowed for a federal income tax to be levied by the federal governments across all states
      • Reserved powers
        • Those left to the states and guaranteed by the 10th Amendment. The basis of states' rights, such as law enforcement and electoral law
      • Concurrent powers
        • Shared by both state and federal governments, such as legislative, taxation, health, education and safety

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