Chapter 3 Outline
Federalism = dividing up sovereign levels of government into regional and federal levels
Confederacy = when the government rests its sovereignty in its State governments
Dual Federalism = The idea expressing the possibility of a precise separation of national and state power
Cooperative Federalism = The collaboration of the national, states, and local levels ofgovernment to solve problems
Fiscal Federalism = the federal spending that occurs through State-run and locally-run programs
Alexander Hamilton: advocate of nationalism and one of the members of the Philadelphia constitutional convention. He used The Federalist Papers to help ratify the constitution, arguing that people could switch their loyalties between the national and stategovernments to control them. He became the first secretary of the treasury.
John c. Calhoun: advocate of State's rights who argued that the Constitution created a government of states, not a government of individuals. He was known best for his doctrine of nullification, claiming that each state had the right to nullify a national law. This claim led to his resignation as vice president. He returned laterto US Senate to help pass the gag rule.
Federalism as a governing system was the Constitutional solution to having a union without abolishing the states. Made in 1787, it provided for the division of sovereignty, or governing authority, between a national and regional govts, each deriving their power from the people. States can address local matters, adhering to differentvalues and responsiveness, while the national government dictates the broader national overview of matters. The powers of the two overlap as each has their own responsibilities but also have concurrent power like raising taxes. Unlike a confederacy and unitary system, both governments have powers that are not subject to discretion.
Why was Federalism necessary for the advancement of the UnitedStates?
Three main reasons exemplified the necessity of Federalism. Though shying away from the political theory of Locke, the Framers used Federalism to create the system of checks and balances: people can address grievances to one government if they are wronged by the other. Also important was the moderation of government power; anti-feds called for a smaller, more personal government, but Madisonargued that how good a government is relies on the interests that share political power rather than size. With a larger country, there was a less chance that Strong factions would form, and hence political control in a large republic would dictate a joining of interests, each limiting demands and equalizing fair say. The larger republic would ensure a larger variety, which would enough diversityof people to cancel out any faction becoming too powerful. Straightening the Union was the final reason, and perhaps the most important. Federalism would correct the fatal flaws found in the Articles of Confederation: the weakness of the executive branch (no tax or commerce) and Congress’s inability to provide a standing army and navy. Congress couldn’t do much either as the states raised taxes,duties, and tariffs on interstate trade. Hence, Federalism would provide the strong authority that maintained state sovereignty without causing turmoil.
1819 - The year that the McCulloch v. Maryland case occurred; it set another precedent for a strong national authority as it gave the government the power to establish a bank to regulate the money and taxes they go through, due to thefact that such a bank was a “necessary and proper” and gave a perfect example of Implied powers.
1896 - The year that the Plessy v. Ferguson case occurred; The Supreme Court held a black man’s conviction that he must use separate facilities from white people as long as the quality of those facilities was equal. It called for “equal but separate” institutions, while also undercutting the 14th...
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