Federalism and the Separation of
Powers
 Popular
Sovereignty –
• power to govern belongs to the people, gov’t based on
the consent of governed
 Separation
of Powers –
• division of gov’t between branches: executive, legislative
and judicial
 Checks
and Balances –
• a system where branches have some authority over
others
 Limited
Government –
• gov’t is not all-powerful, and it does only what citizens
allow
 Federalism
–
• division of power between central government and
individual states
 What
is federalism?
• How was it established?
 How
is federalism different from the
separation of powers?
 How
is this different from the principle of
checks and balances?
Unitary System – all power flows from one central government
Powerful British
Government
Political Subunits
(Colonies)
1781 – 1789 – RIP
Confederate System – power concentrated in political subunits
(states) with a weak central government (typically unite for a
common goal)
Federal System – powers are divided and/or shared between
state and central governments (Current gov’t designed by
framers)
Central US government
State governments
 What
advantages does the federal system
provide our nation?
 What
problems exist because of our
federal system?
 What
is the difference between the states’
rights position and the nationalist position
with regard to government power?
 What
is the topic addressed by Madison in
this essay?
 Explain
how Madison claims that the nature of
the government is indeed not wholly federal,
or wholly national, but rather a composition of
both.
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Foundation:
Sources of power
Extent
Amendments

Montesquieu credited with the original theory
Excerpt from The Spirit of the Laws
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“In every government there are three types of power; the legislative
(lawmaking); the executive (law-enforcing), and the judiciary (lawinterpreting).
When the legislative and executive powers are united in the same
person, there can be no liberty; since the monarch could enact
tyrannical laws, and execute them in a tyrannical manner.
Again, there is no liberty if the power of judging is not separated from
the legislative and executive powers. If it were joined with the legislative
power, the liberty of the people would be exposed to arbitrary control,
for the judge would then also be the legislator. If it were joined to the
executive power, the judge might behave with all the violence of an
oppressor.
There would be an end of every thing were the same man, or the same
body (whether of the nobles or of the people) to exercise those three
powers: that of enacting laws, that of executing these laws, and that of
judging the crimes of individuals.”
 In
your own words, what principle of the
Constitution does Madison address in this
series of essays?
 Explain
his argument that in fact a “blended”
separation of powers is more desirable than a
“distinct” separation.
• Each will have some control over the others, and can
check them
 How
does the phrase, “Ambition must be made
to counteract ambition” apply to this argument?
“If men were angels, no government would be
necessary. If angels were to govern men,
neither external nor internal controls on
government would be necessary. In framing a
government which is to be administered by
men over men, the great difficulty lies in this:
you must first enable the government to
control the governed; and in the next place
oblige it to control itself. A dependence on the
people is, no doubt, the primary control on the
government; but experience has taught
mankind the necessity of auxiliary
precautions.”
 Purposes?
 Criticisms?