The document discusses key aspects of separation of powers and federalism in the U.S. government. It summarizes Madison's view in Federalist 51 that ambition must be made to counteract ambition through checks and balances between the three branches. It also outlines the division of powers between the national and state governments, including the national government's expressed and implied powers and states' reserved powers. Finally, it describes the four stages of federalism in American history from the founding to modern day.

1. Separation of Powers Review

2. Federalist #51 “Ambition must be made to counteract ambition. The interest of the man must be connected with the constitutional rights of the place. It may be a reflection on human nature that such devices should be necessary to control the abuses of government. But what is government itself but the greatest of all reflections on human nature? 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.” --James Madison (Publius), Federalist #51

3. Separation of Powers The division of powers among several institutions that must cooperate in decision or policy-making The allocation of constitutional authority to each of the three branches of government With different responsibilities Different powers Different constituencies, which makes them accountable to different groups of people Different terms of service

6. Increasing powers of the president

8. Fig. 2.2

9. FEDERALISM

10. Types of power arrangements Unitary governments Confederation governments Federal governments

11. Federalism and the American Founding The balance of power between the central government and the states was at the heart of the constitutional struggle between the Federalists and the Antifederalists.

12. Federalism and the American Founding Although the Federalists won the struggle over ratification, the federal balance of power remained contested and paradoxical throughout American history and was at the heart of struggles throughout American history such as: 1. the ability of states to “nullify” federal laws; 2. the Civil War; 3. the power of the central government in the New Deal; 4. the “rights” of states vs. the rights of citizens in the Civil Rights Movement.

13. Federalism and the American Founding “[If] the people should in the future become more partial to the federal than to the State governments … the people ought not surely to be precluded from giving most of their confidence where they may discover it to be most due.” --James Madison (Publius) Federalist #46

14. National Government Powers Expressed powers collect taxes coin money declare war Implied powers The “necessary and proper” powers the national government from their implication in the Constitution State Government Powers Reserved powers “police powers” (the powers to regulate the health, safety, and morals of its citizens) 10th Amendment

15. 10th Amendment “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

16. Stages of Federalism There have been FOUR STAGES OF FEDERALISM throughout American history. 1789 1937 1960 1970 1990 “DUAL FEDERALISM”

17. Stages of Federalism There have been FOUR STAGES OF FEDERALISM throughout American history. 1789 1937 1960 1970 1990 “DUAL II. “COOPERATIVE FEDERALISM” FEDERALISM”

18. Fig. 3.2 top

19. Stages of Federalism There have been FOUR STAGES OF FEDERALISM throughout American history. 1789 1937 1960 1970 1990 I. “DUAL II. “COOPERATIVE III. “REGULATED FEDERALISM” FEDERALISM” FEDERALISM

21. Stages of Federalism There have been FOUR STAGES OF FEDERALISM throughout American history. 1789 1937 1960 1970 1990 I. “DUAL II. “COOPERATIVE III. “REGULATED IV. “NEW FEDERALISM” FEDERALISM” FEDERALISM FEDERALISM”

22. State to State Relationships Full Faith and Credit Privileges and Immunities Extradition