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The principle of the Constitution

federalism and the Constitution

nicole pack

on 4 December 2012

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Transcript of The principle of the Constitution

The Principle of
The Constitution federalism Separation of Powers federalism was implemented in the constitution by dual federalism. to the more realistic cooperative federalism, in which the different levels share responsibility in most domestic policy areas. federalism: States and national government working together to enforce the law and punish law breakers. Checks and balances is the system established in the Constitution by the Founding Fathers to ensure that one branch of the federal government cannot gain too much.
Ex: Only Congress can make laws via passing bills but the President can veto a bill. However, the Congress can then override the President with 2/3 consent and by doing that they make sure that we basically don't "redo history" and become another Eng conclusion James Madison, the principal author of the document came up decided that power should be divided amongst three separate branches with power shared between them: separation of powers Legislative (strongest-Congress)-The Legislative branch makes the law.
Executive (the President)-Executive branch executes the law.
Judicial (weakest-the Supreme Court). The Judicial branch interprets the law. This in essence makes it more difficult for any one person to seize power in all branches. Each branch has an effect on the other. Judicial Branch Determines which laws Congress intended to apply to any given case
Exercises judicial review, reviewing the constitutionality of laws
Determines how Congress meant the law to apply to disputes
Determines how a law acts to determine the disposition of prisoners
Determines how a law acts to compel testimony and the production of evidence
Determines how laws should be interpreted to assure uniform policies in a top-down fashion via the appeals process, but gives discretion in individual cases to low-level judges. The amount of discretion depends upon the standard of review, determined by the type of case in question.
Federal judges serve for life
Executive Branch The Executive Branch The power of the Executive Branch is vested in the President of the United States.
Acts as head of state and Commander-in-Chief of the armed forces.
Is responsible for implementing and enforcing the laws written by Congress and, to that end, appoints the heads of the federal agencies, including the Cabinet.
The Vice President is also part of the Executive Branch, ready to assume the Presidency should the need arise. The constitution gave specific duties to each part of the government to ensure the balance of power. the founding father didnt want either parts to have more power than the other. The Constitution grants Congress the sole authority to enact legislation and declare war, the right to confirm or reject many Presidential appointments, and substantial investigative powers. Federalism in the United States has evolved quite a bit since it was first implemented in 1787. In that time, two major kinds of federalism have dominated political theory. The first, dual federalism, holds that the federal government and the state governments are co-equals, each sovereign. In this theory, parts of the Constitution are interpreted very narrowly, such as the 10th Amendment, the Supremacy Clause, the Necessary and Proper Clause, and the Commerce Clause. In this narrow interpretation, the federal government has jurisdiction only if the Constitution clearly grants such. In this case, there is a very large group of powers belonging to the states, and the federal government is limited to only those powers explicitly listed in the Constitution.

The second, cooperative federalism, asserts that the national government is supreme over the states, and the 10th Amendment, the Supremacy Clause, the Necessary and Proper Clause, and the Commerce Clause have entirely different meaning. A good illustration of the wide interpretation of these parts of the Constitution is exemplified by the Necessary and Proper Clause's other common name: the Elastic Clause.

Dual federalism is not completely dead, but for the most part, the United States' branches of government operate under the presumption of a cooperative federalism. The shift from dual to cooperative was a slow one, but it was steady.
Checks and balances

To prevent one branch from becoming supreme, protect the "opulent minority" from the majority, and to induce the branches to cooperate, government systems that employ a separation of powers need a way to balance each of the branches. Typically this was accomplished through a system of "checks and balances", the origin of which, like separation of powers itself, is specifically credited to Montesquieu. Checks and balances allow for a system based regulation that allows one branch to limit another, such as the power of Congress to alter the composition and jurisdiction of the federal courts
Legislative branch legeslative Branch
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