PSC 105 Study Guide - Final Guide: Adversarial System, Divided Government, Incorporation Of The Bill Of Rights
Document Summary
The supreme courts power to overturn legislation, but the. Court asserted that such authority is implied in the text of the constitution, aritcle vi, where it says that the constitution is the supreme law. The power to overturn legislation on constitutional ground is a. American innovation, deriving from land mark marbury vs. madison. Federalism versus unitary and confederal forms of government. Unitary- national government has the legal authority to simply impose its preferences through legislation that is binding on the provincial or departmental government. Policy-making is concentrated in the center, and whatever autonomy the subunits have is as result of delegation from that center; power flows down from center to subunits. Federalism- multiple levels of sovereignty; federalism has transactional relationship. There are poilicy areas in which the subnational governments make binding decisions, which cannot be overturned by the national government. But power flows horizontally between national and subnational units state retains some soveignty.
