Survey
* Your assessment is very important for improving the workof artificial intelligence, which forms the content of this project
Download Federalism and Separation of Powers
Document related concepts
Infamous Second Son wikipedia , lookup
Head of state wikipedia , lookup
President of Russia wikipedia , lookup
Legislative violence wikipedia , lookup
Congress of Colombia wikipedia , lookup
Federal government of the United States wikipedia , lookup
Government of Australia wikipedia , lookup
Separation of powers in Singapore wikipedia , lookup
Separation of powers wikipedia , lookup
Separation of powers under the United States Constitution wikipedia , lookup
Transcript
Federalism and Separation of Powers J. Alexander Branham Fall 2016 Introduction Federalism and the separation of powers 1 Federalism and the separation of powers Federalism 1 Federalism and the separation of powers Federalism • Limits government 1 Federalism and the separation of powers Federalism • Limits government • Divides government into two levels 1 Federalism and the separation of powers Federalism • Limits government • Divides government into two levels • National and state 1 Federalism and the separation of powers Federalism Separation of powers • Limits government • Divides government into two levels • National and state 1 Federalism and the separation of powers Federalism • Limits government Separation of powers • Limits government • Divides government into two levels • National and state 1 Federalism and the separation of powers Federalism Separation of powers • Limits government • Limits government • Divides government into two levels • Divides government against itself • National and state 1 Federalism and the separation of powers Federalism Separation of powers • Limits government • Limits government • Divides government into two levels • Divides government against itself • National and state • Share powers across branches 1 Federalism Who does what? Federalism system of government that divides power between a central government and regional governments 2 Who does what? Federalism system of government that divides power between a central government and regional governments Sovereignty supreme and independent political authority 2 National government Expressed powers given directly in Constitution 3 National government Expressed powers given directly in Constitution Implied powers necessary and proper clause 3 National government Expressed powers given directly in Constitution Implied powers necessary and proper clause Supremacy clause national laws trump state laws 3 State governments Reserved powers tenth amendment reserves powers not specified in the Constitution to the states 4 State governments Reserved powers tenth amendment reserves powers not specified in the Constitution to the states Police power power to regulate health, safety, welfare, and morals of citizens 4 State governments Reserved powers tenth amendment reserves powers not specified in the Constitution to the states Police power power to regulate health, safety, welfare, and morals of citizens Concurrent powers power possessed by both the state and national government (e.g. taxation) 4 Obligations of states to each other • Full faith and credit clause 5 Obligations of states to each other • Full faith and credit clause • States must honor other states’ laws 5 Obligations of states to each other • Full faith and credit clause • States must honor other states’ laws • Privileges and immunities 5 Obligations of states to each other • Full faith and credit clause • States must honor other states’ laws • Privileges and immunities • No special treatment of residents 5 Obligations of states to each other • Full faith and credit clause • States must honor other states’ laws • Privileges and immunities • No special treatment of residents • Extradition 5 Evolution of Federalism in the US Dual federalism • Up through the 1930s 6 Dual federalism • Up through the 1930s • Fundamental government powers shared by national and state governments 6 Dual federalism • Up through the 1930s • Fundamental government powers shared by national and state governments • State governments more important 6 Dual federalism • Necessary and proper clause interpreted widely in McCulloch v. Maryland 7 Dual federalism • Necessary and proper clause interpreted widely in McCulloch v. Maryland • Interstate commerce clause in Gibbons v. Ogden 7 Dual federalism • Necessary and proper clause interpreted widely in McCulloch v. Maryland • Interstate commerce clause in Gibbons v. Ogden • Both granted much power to national government 7 Dual federalism • Necessary and proper clause interpreted widely in McCulloch v. Maryland • Interstate commerce clause in Gibbons v. Ogden • Both granted much power to national government • Little growth of the national government up through 1930s 7 Dual federalism • Necessary and proper clause interpreted widely in McCulloch v. Maryland • Interstate commerce clause in Gibbons v. Ogden • Both granted much power to national government • Little growth of the national government up through 1930s • Judiciary dominated by states rights interpretations post Marshall 7 The New Deal • FDR elected in 1932 8 The New Deal • FDR elected in 1932 • New Deal: greatly expanded scope and power of national government 8 The New Deal • FDR elected in 1932 • New Deal: greatly expanded scope and power of national government • FDIC, TVA, SEC, FHA, NLRB, social security, etc 8 Cooperative federalism • Post 1930s through 1960s 9 Cooperative federalism • Post 1930s through 1960s • Federal government uses subsidies to encourage states to pursue federal goals 9 Cooperative federalism • Post 1930s through 1960s • Federal government uses subsidies to encourage states to pursue federal goals • Subsidies called grants-in-aid 9 Dual vs cooperative federalism • Layer cake - marble cake 10 Dual vs cooperative federalism • Layer cake - marble cake • Federal aid to states makes up roughly 30-35% of states budgets 10 Regulated federalism • 1960s to present 11 Regulated federalism • 1960s to present • More active federal government 11 Regulated federalism • 1960s to present • More active federal government • Threaten to withhold funding if states don’t conform to national standards 11 Regulated federalism • 1960s to present • More active federal government • Threaten to withhold funding if states don’t conform to national standards • E.g. American with disabilities act 11 Regulated federalism • 1960s to present • More active federal government • Threaten to withhold funding if states don’t conform to national standards • E.g. American with disabilities act • Unfunded mandates 11 Regulated federalism • 1960s to present • More active federal government • Threaten to withhold funding if states don’t conform to national standards • E.g. American with disabilities act • Unfunded mandates • Conditional grants, block grants 11 Separation of Powers Separation of powers There can be no liberty where the legislative and executive powers are united in the same person… [or] if the power of judging be not separated from the legislative and executive powers 12 Separation of powers There can be no liberty where the legislative and executive powers are united in the same person… [or] if the power of judging be not separated from the legislative and executive powers • Baron de Montesquieu 12 Separation of powers • Separate functions of government to preserve liberty 13 Separation of powers • Separate functions of government to preserve liberty • Legislative 13 Separation of powers • Separate functions of government to preserve liberty • Legislative • Executive 13 Separation of powers • Separate functions of government to preserve liberty • Legislative • Executive • Judicial 13 Federalist 51 Ambition must be made to counteract ambition 14 Checks and balances • Violates separation of powers 15 Checks and balances • Violates separation of powers • Each branch may “check” the two others 15 Checks and balances • Violates separation of powers • Each branch may “check” the two others • National policy represents views of all three branches 15 Checks and balances • Violates separation of powers • Each branch may “check” the two others • National policy represents views of all three branches • “Separated institutions sharing power” 15 Legislative checks 16 Legislative checks 16 Legislative checks • Executive 16 Legislative checks • Executive • Override veto 16 Legislative checks • Executive • Override veto • Impeach and remove president 16 Legislative checks • Executive • Override veto • Impeach and remove president • Senate can reject nominees/treaties 16 Legislative checks • Executive • Override veto • Impeach and remove president • Senate can reject nominees/treaties • Conduct investigations 16 Legislative checks • Executive • Override veto • Impeach and remove president • Senate can reject nominees/treaties • Conduct investigations • Refuse to pass laws/funding president requests 16 Legislative checks • Executive • Override veto • Impeach and remove president • Senate can reject nominees/treaties • Conduct investigations • Refuse to pass laws/funding president requests 16 Legislative checks • Executive • Override veto • Judicial • Impeach and remove president • Senate can reject nominees/treaties • Conduct investigations • Refuse to pass laws/funding president requests 16 Legislative checks • Executive • Override veto • Impeach and remove president • Judicial • Change size of court & # of justices • Senate can reject nominees/treaties • Conduct investigations • Refuse to pass laws/funding president requests 16 Legislative checks • Executive • Override veto • Impeach and remove president • Senate can reject nominees/treaties • Judicial • Change size of court & # of justices • Constitutional amendments • Conduct investigations • Refuse to pass laws/funding president requests 16 Legislative checks • Executive • Override veto • Impeach and remove president • Senate can reject nominees/treaties • Judicial • Change size of court & # of justices • Constitutional amendments • Reject nominees • Conduct investigations • Refuse to pass laws/funding president requests 16 Legislative checks • Executive • Override veto • Impeach and remove president • Senate can reject nominees/treaties • Conduct investigations • Judicial • Change size of court & # of justices • Constitutional amendments • Reject nominees • Impeach and remove justices • Refuse to pass laws/funding president requests 16 Legislative checks • Executive • Override veto • Impeach and remove president • Senate can reject nominees/treaties • Conduct investigations • Refuse to pass laws/funding president requests • Judicial • Change size of court & # of justices • Constitutional amendments • Reject nominees • Impeach and remove justices • Amend court jurisdictions 16 Legislative checks • Executive • Override veto • Impeach and remove president • Senate can reject nominees/treaties • Conduct investigations • Refuse to pass laws/funding president requests • Judicial • Change size of court & # of justices • Constitutional amendments • Reject nominees • Impeach and remove justices • Amend court jurisdictions • Appropriations 16 Executive checks 17 Executive checks 17 Executive checks • Legislative 17 Executive checks • Legislative • Veto 17 Executive checks • Legislative • Veto • Special sessions 17 Executive checks • Legislative • Veto • Special sessions • Carries out laws 17 Executive checks • Legislative • Veto • Special sessions • Carries out laws • Vice president casts tiebreaking vote in Senate 17 Executive checks • Legislative • Veto • Special sessions • Carries out laws • Vice president casts tiebreaking vote in Senate 17 Executive checks • Legislative • Veto • Judicial • Special sessions • Carries out laws • Vice president casts tiebreaking vote in Senate 17 Executive checks • Legislative • Veto • Judicial • Special sessions • Nominates justices • Carries out laws • Vice president casts tiebreaking vote in Senate 17 Executive checks • Legislative • Veto • Judicial • Special sessions • Nominates justices • Carries out laws • Pardons • Vice president casts tiebreaking vote in Senate 17 Executive checks • Legislative • Veto • Judicial • Special sessions • Nominates justices • Carries out laws • Pardons • Vice president casts tiebreaking vote in Senate • Executes decisions 17 Judicial checks 18 Judicial checks 18 Judicial checks • Legislative 18 Judicial checks • Legislative • Declares laws unconstitutional 18 Judicial checks • Legislative • Declares laws unconstitutional • Chief justice presides over Senate hearings to impeach president 18 Judicial checks • Legislative • Declares laws unconstitutional • Chief justice presides over Senate hearings to impeach president 18 Judicial checks • Legislative • Executive • Declares laws unconstitutional • Chief justice presides over Senate hearings to impeach president 18 Judicial checks • Legislative • Executive • Declares laws unconstitutional • Declare executive actions unconstitutional • Chief justice presides over Senate hearings to impeach president 18 Judicial checks • Legislative • Executive • Declares laws unconstitutional • Declare executive actions unconstitutional • Chief justice presides over Senate hearings to impeach president • Issue warrants 18 Vetos • Which president(s) used the veto power most often? What do they have in common? 19 Vetos • Which president(s) used the veto power most often? What do they have in common? • How about among recent presidents? 19 Vetos • Which president(s) used the veto power most often? What do they have in common? • How about among recent presidents? • What presidents had their vetos overridden most often? Are they the same as above? 19 Barack Obama George W. Bush Bill Clinton George H. W. Bush[3][4] Ronald Reagan Jimmy Carter Gerald Ford Richard Nixon Lyndon Johnson John Kennedy Dwight Eisenhower Harry Truman Franklin Roosevelt Herbert Hoover Calvin Coolidge Warren Harding Woodrow Wilson William Taft Theodore Roosevelt William McKinley Benjamin Harrison Grover Cleveland Chester Arthur James Garfield Rutherford B. Hayes Ulysses S. Grant Andrew Johnson Abraham Lincoln James Buchanan Franklin Pierce Millard Fillmore Zachary Taylor James Polk John Tyler William Henry Harrison Martin Van Buren Andrew Jackson John Q. Adams James Monroe James Madison Thomas Jefferson John Adams George Washington Total vetos Vetos over time 600 400 200 0 President 20 Barack Obama George W. Bush Bill Clinton George H. W. Bush[3][4] Ronald Reagan Jimmy Carter Total number of vetos Recent vetos 80 60 40 20 0 President 21 Barack Obama George W. Bush Bill Clinton George H. W. Bush[3][4] Ronald Reagan Jimmy Carter Gerald Ford Richard Nixon Lyndon Johnson John Kennedy Dwight Eisenhower Harry Truman Franklin Roosevelt Herbert Hoover Calvin Coolidge Warren Harding Woodrow Wilson William Taft Theodore Roosevelt William McKinley Benjamin Harrison Grover Cleveland Chester Arthur James Garfield Rutherford B. Hayes Ulysses S. Grant Andrew Johnson Abraham Lincoln James Buchanan Franklin Pierce Millard Fillmore Zachary Taylor James Polk John Tyler William Henry Harrison Martin Van Buren Andrew Jackson John Q. Adams James Monroe James Madison Thomas Jefferson John Adams George Washington Number of total veto overrides Veto overrides - total number 15 10 5 0 President 22 Barack Obama George W. Bush Bill Clinton George H. W. Bush[3][4] Ronald Reagan Jimmy Carter Gerald Ford Richard Nixon Lyndon Johnson John Kennedy Dwight Eisenhower Harry Truman Franklin Roosevelt Herbert Hoover Calvin Coolidge Warren Harding Woodrow Wilson William Taft Theodore Roosevelt William McKinley Benjamin Harrison Grover Cleveland Chester Arthur James Garfield Rutherford B. Hayes Ulysses S. Grant Andrew Johnson Abraham Lincoln James Buchanan Franklin Pierce Millard Fillmore Zachary Taylor James Polk John Tyler William Henry Harrison Martin Van Buren Andrew Jackson John Q. Adams James Monroe James Madison Thomas Jefferson John Adams George Washington Percent of vetos overridden Veto overrides - percentage 60 40 20 0 President 23
