1. Dividing Governmental Power

2. Federalism’s Basic Structure
National (Federal) Level & State Level
Federal Powers
Article I
Article II
Article III
Power Reserved the States
Tenth Amendment

3. Expansive Powers of the Federal Government
Article I, §8 – Power to coin and borrow money, establish a post office, establish and maintain military forces, promote the arts and sciences, and create immigration laws
Article I, § 8, Clause 3 – Commerce Clause
Article I, § 8, Cl. 18 – Necessary and Proper Clause
Article VI – Supremacy Clause

4. CIVIL WAR AMENDMENTS Thirteen, Fourteen, and Fifteenth Amendments
Each have “enforcement clauses” allowing Congress to enforce, by appropriate legislation, the provisions of these articles

5. Forms of Federalism
Dual
Hierarchical
Cooperative

6. Dual Federalism
Model of federalism whereby federal government and state governments are coequal sovereigns
Tenth Amendment is read broadly and the supremacy, necessary and proper, and commerce clauses are read narrowly
This model reflected relationship until the early twentieth century

7. Hierarchical Federalism
Model of federalism wherein federal government is model of federalism that asserts that the national government is supreme in the scheme
The supremacy, necessary and proper, and commerce clauses are read expansively, whereas the Tenth Amendment is interpreted as not creating any specific state powers
Tenth Amendment is viewed as a truism, a negative statement of state power

8. Cooperative Federalism
Model of federalism whereby there is increased interaction between the states and national government (and local forms of government) in an effort to effectively regulate and administer law and programs
Examples include the “war on drugs” waged during the Reagan and George Herbert Walker Bush administrations and the “war on terror” waged during the George W. Bush administration

9. Separation of Powers
Framers’ objective: limit governmental authority by dividing it (divide and conquer)

10. Basic Constitutional Structure
Article I establishes Congress and sets its authorities
Two chambers -- House of Representatives and Senate
Article II establishes the Presidency and also sets forth its authorities
Article III establishes the Supreme Court and such inferior courts as Congress may establish and sets forth its power (Judicial Power)

11. Checks and Balances Examples within the Constitution:
Congress responsible for making law/Checked by President, who may veto legislation
President can veto legislation/Checked by Congress who can override veto with a two-thirds majority
Congress passes legislation/Checked by the judiciary who can declare void those laws that conflict with the Constitution

12. Checks and Balances, cont.
Examples of Checks and Balances
President conducts foreign affairs and negotiates treaties/Senate must ratify treaties
President is the commander-in-chief of the military/Congress can make rules regulating the military and is responsible for declaring war
President nominates federal judges and other governmental officers/Senate confirms the appointments
The Judiciary reviews laws for their constitutionality/ Congress regulates the appellate jurisdiction of the courts

13. Basic Forms of State and Federal law
The United States Constitution – highest form of law
Federal laws or statutes – passed by Congress and found in the United States Code
Treaties – made in tandem with President and Senate
Executive Orders – issued by President as way to governed executive action
Administrative Rules – standards set forth by executive agencies

14. Other forms of law
Common Law – longstanding and traditional doctrines and standards made by judicial authorities that are sometimes used to fill in the gaps of legislation and other legal standards
Judicial Opinions – formal opinions of courts deciding particular legal questions; used with the doctrine of “precedent”