Division of Powers.pdf

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Michigan State University
Integrative Studies Social Sci
ISS 225
Patricia Molloy

s e t a t s e h t y b d e n i a t . s w a l l a n i m Constitution.  The national government is required to provide a participatory, democratic government; preserve the territorial integrity of the states; and provide protection and assistance in times of domestic upheaval. ◦ B. Horizontal federalism is a concept founded on the "full faith and credit" clause of the U.S. Constitution.  It describes the relationship between states, as opposed to the relationship between a state and the national government.  • B. National Gains • 1.  Constitutional Amendment. Over the past 200 years, the balance of power has shifted significantly to the national government at the expense of the states.  While amendments to the U.S. Constitution have played a role in this power shift, other factors have also had an impact. An amendment is a modification of the constitution or a law. Modification may be either formal (written) or informal (unwritten). • 2.  The Bill of Rights, i.e., the first ten amendments, limits the national government while state constitutional amendments are designed to restrict state again.  The 14th Amendment further restricts state again by incorporating selective provisions of the Bill of Rights. 
 ▯ • 3. Over the last 200 years, the national government has gained power. The national government has gained greater control over the states through its taxing and spending policies.  As of January 1, 2011, the total U.S. federal debt held by the public was roughly $15.1 trillion.  • 
 4.  As a result of federal laws and the 14th Amendment, federal courts have exercised jurisdiction over areas once completely under state control.  Example:  prison reform. • 
 5. Under the concept of federalism, the United States Constitution limits both national and state governments. • 
 5.  "New Federalism," the effort to restore to state governments the responsibility for making and implementing policies, furthered the concept of devolution. Devolution:  the transfer of programs from national to state levels, often with national oversight. • 
 6.  States have shown increasing frustration with the national government over the issuance of mandates. Mandates are regulations set by Congress that state and local government must meet, subject to the Unfunded Mandates Act.  Congress often passes regulations that set standards for state conduct. III.   Limitations on State Authority, i.e., the Supremacy Clause • A. Article VI of the U.S. Constitution makes it clear that whenever state and federal laws conflict, the federal law is supreme. • B. Supremacy Clause (natio
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