FEDERALISM DEFINITION SYSTEM WHERE POWER IS DIVIDED BETWEEN
FEDERALISM DEFINITION: SYSTEM WHERE POWER IS DIVIDED BETWEEN A NATIONAL GOVERNMENT AND STATE/LOCAL GOVERNMENTS
CONSTITUTIONAL DIVISION OF POWERS • ENUMERATED POWERS – CERTAIN POWERS ARE EXPRESSED OR DELEGATED TO THE NATIONAL GOVERNMENT • CONCURRENT POWERS – SOME POWERS ARE SHARED BY BOTH THE STATES AND FEDERAL GOVERNMENT • RESERVED POWERS – ALL OTHER POWERS ARE RESERVED FOR THE INDIVIDUAL STATES
STATE POWERS • FULL FAITH AND CREDIT CLAUSE – STATES MUST RECOGNIZE, HONOR, AND ENFORCE ANOTHER STATES ACTIONS • PRIVILEGES AND IMMUNITIES CLAUSE – STATES CANNOT DISCRIMINATE AGAINST RESIDENTS OF OTHER STATES OR GIVE ITS OWN RESIDENTS SPECIAL PRIVILEGES • TENTH AMENDMENT – POWERS NOT SPECIFICALLY DELEGATED TO THE NATIONAL GOVERNMENT ARE RESERVED FOR THE STATES
BENEFITS • PREVENTS ABUSES OF POWER BY THE CENTRAL GOVERNMENT • ALLOWS STATES TO EXPERIMENT WITH NEW IDEAS AND SOLUTIONS • ALLOWS FLEXIBILITY – STATES CAN PASS LAWS THAT REFLECT THE NEEDS OF THEIR CITIZENS • ENCOURAGES MORE POLITICAL PARTICIPATION
DRAWBACKS • LACK OF CONSISTENCY OF LAWS AND POLICIES FROM STATE TO STATE • SOMETIMES CREATES CONFLICT BETWEEN STATE AND FEDERAL OFFICIALS
TYPES OF FEDERALISM
DUAL FEDERALISM NATIONAL AND STATE GOVERNMENTS OPERATE INDEPENDENTLY – STRICT DIVISION OF POWERS
COOPERATIVE FEDERALISM • NATIONAL AND STATE GOVERNMENTS SHARE SOME RESPONSIBILITIES – BLENDING OF POWERS
REGULATED FEDERALISM • NATIONAL GOVERNMENT GREATLY EXPANDED POWER OVER STATES – STRICT REGULATIONS
NEW FEDERALISM • RESTORED BALANCE BETWEEN STATE AND NATIONAL GOVERNMENT – MORE CONTROL RETURNED TO STATES
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