Federalism and the Separation of Powers

     Popular Sovereignty – • power to govern belongs to the people, gov’t based on the consent of governed Separation of Powers – • division of gov’t between branches: executive, legislative and judicial Checks and Balances – • a system where branches have some authority over others Limited Government – • gov’t is not all-powerful, and it does only what citizens allow Federalism – • division of power between central government and individual states

 What is federalism?

• How was it established?

 How is federalism different from the separation of powers?  How is this different from the principle of checks and balances?

Unitary System – all power flows from one central government

Powerful British Government Political Subunits (Colonies)

1781 – 1789 – RIP

Confederate System – power concentrated in political subunits (states) with a weak central government (typically unite for a common goal)

Federal System – powers are divided and/or shared between state and central governments (Current gov’t designed by framers)

Central US government State governments

 What advantages does the federal system provide our nation?

 What problems exist because of our federal system?

 What is the difference between the states’ rights position and the nationalist position with regard to government power?

 What is the topic addressed by Madison in this essay?

 Explain how Madison claims that the nature of the government is indeed not wholly federal, or wholly national, but rather a composition of both.

• • Foundation: Sources of power • • Extent Amendments

 Montesquieu credited with the original theory

Excerpt from The Spirit of the Laws

 “In every government there are three types of power; the legislative (lawmaking); the executive (law-enforcing), and the judiciary (law interpreting).  When the legislative and executive powers are united in the same person, there can be no liberty; since the monarch could enact tyrannical laws, and execute them in a tyrannical manner.  Again, there is no liberty if the power of judging is not separated from the legislative and executive powers. If it were joined with the legislative power, the liberty of the people would be exposed to arbitrary control, for the judge would then also be the legislator. If it were joined to the executive power, the judge might behave with all the violence of an oppressor.  There would be an end of every thing were the same man, or the same body (whether of the nobles or of the people) to exercise those three powers: that of enacting laws, that of executing these laws, and that of judging the crimes of individuals.”

 In your own words, what principle of the Constitution does Madison address in this series of essays?  Explain his argument that in fact a “blended” separation of powers is more desirable than a “distinct” separation.

• Each will have some control over the others, and can check them  How does the phrase, “Ambition must be made to counteract ambition” apply to this argument?

“If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself. A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions.”

 Purposes?

 Criticisms?