AP: Unit 1 - Notes Federalism: Forging a Nation Intro: It was one of the most anxiously awaited Supreme Court decisions in years. At issue was the whether the 2010 health care reform act ( required individuals to purchase health insurance or face tax penalty ) was constitutionally right. This bill was enacted by the democratic controlled congress. Every Senate and House Republican voted against the ratification of this bill. But each party saw the issue from a different perspective. Topics covered: - The power of government must be equal to its responsibilities - Federalism- the division of power between federal and states. - Federalism is not a fixed principle - How federalism tilts toward nation authority and increased independence from the government Federalism: National and State Sovereignty At the time of the constitution, american leaders and framers were set on creating stronger national government, they were trying to create sovereignty. Sovereignty: THe supreme authority to govern within a certain geographical area - The framers created systems to ensure government sovereignty (federalism) - They created restriction and rights of every state and federal level As the framers wanted to have a stong sovereign government, they created branches in power of its own government. This is known as Federalism. Federalism: A governmental system in which authority is divided between two sovereign levels, National and Regional. - Each level of government has its own powers and restrictions - Each level has authority over its own territory - They are equal in idea, but different in power - (federal court ---- state court------county court) At the time, other main governments in the world were governed by a unitary central government. Some had an ideology that america should develop its own unitary system, but to ensure a free government, that is not overpowering this idea was disapproved. Unitary System: A governmental system in which the national government alone has sovereign and ultimate authority. - Vulnerable to overpowering government - Does not fit the framers criteria of a government led by the people. Some had ideas of a Confederacy, which was like a federal system but with more power to the states, and was more of an alliance rather than a solid block. Confederacy: a governmental system in which sovereignty is vested entirely in subnational (state) governments. - Less national power, more power to the states - Not like a country - More like a state alliance Debating About Federalism: Pro: - Without Federalism, the national government will be weaker, ( financially, cannot maintain a army/navy, cannot regulate commerce ) Public disorder, Con: - Overpowering government claims Too much power would cause elitism over the states - Unmoderated powers over the people Protecting Liberty and Moderating Power: As framers were discussing the possibility of having a federalism system, questions arised about the liberty and loyalties of the people: - Which level of the government will citizens stay loyal to? - If a state government failed who would they look up to? To battle the problem of loyalties of government between state and federal powers, the framers created the Supremacy Clause and Enumerated Powers. Enumerated Powers: the 17 powers granted to each citizen and governments. Powers include taxation, regulation of commerce and national defense. The framers created the supremacy clause, that makes national laws and rules always supreme over state laws. Supremacy Clause: Article IV which makes national laws above state laws. Since the AOC and stated obvious powers that were unnecessary, the framer created a Elastic Clause. Elastic Clause: Make all laws that are necessary and needed for implementation of enumerated powers.
