This document outlines the topics covered in a lecture on federalism and the US Constitution. It discusses the major questions the founders debated, including how to structure the legislative, executive, and judicial branches. It covers the concepts of separation of powers and checks and balances built into the Constitution. Finally, it introduces key terms about federalism like enumerated powers, the Necessary and Proper Clause, the Supremacy Clause, and concurrent state-federal powers.

1. WEEK#3 LECTURE #5
Federalism & the U.S.
Constitution Part 1
AMERICAN GOVERNMENT
PROFESSOR ANAND SHASTRI
FALL 2015

2. OUTLINE OF FEDERALISM & THE U.S.
CONSTITUTION PART 1
PART 1A) INTRODUCTORY QUESTIONS THE FOUNDERS HAD
PART 1B) THE THREE BRANCHES OF GOVERNMENT
PART 1C) SEPARATION OF POWERS/CHECKS & BALANCES
PART 1D) FEDERALISM BASICS & CONSTITUTIONAL ROOTS

3. PART 1A) INTRODUCTORY
QUESTIONS THE FOUNDERS
HAD

4. RULES
•RULES (FUNCTION OF)
•FOUNDERS WERE NOT IN AGREEMENT
•WEIGHING HISTORICAL EXPERIENCE VS. CONTEMPORARY
REALITY
•GOVERNMENT MUST BOTH PROTECT PEOPLE YET LIMIT
THEIR POWER

5. MAJOR QUESTIONS
LEGISLATIVE: HOW SHOULD LAWS BE MADE? TWO
HOUSES VS. ONE, CONNECTION TO EXECUTIVE
EXECUTIVE: ONE PERSON OR MORE? THE AMOUNT OF
POWER, THE WAY THEY BECOME THE NATIONAL LEADER
JUDICIAL: HOW MUCH POWER? AND THEIR FUNCTION?

6. PART 1B) THE THREE
BRANCHES OF GOVERNMENT

7. LEGISLATIVE BRANCH #1
•LEGISLATURE: PG. 93 GOVERNMENTAL BODY THAT MAKES LAWS
•DIFFERENT SETUPS
•U.S. CONGRESS IS A BICAMERAL LEGISLATURE: LEGISLATURE WITH TWO
CHAMBERS
•REPUBLIC PG. 94 (ONCE BEFORE 17) 2+’S

8. LEGISLATIVE BRANCH #2
•ARTICLE I SETS OUT THE FRAMEWORK LEGISLATIVE BRANCH
•FOUNDERS SPENT THE MOST TIME HERE
•DIFFERENCES BETWEEN THE HOUSE AND SENATE
•UNICAMERALISM (PG. 95) VS. BICAMERALISM (PG. 94), +’S AND –’S

9. EXECUTIVE BRANCH #1
•EXECUTIVE: (PG. 96) GOVERNMENTAL BODY THAT ENFORCES
LAWS
•BUT EXECUTIVE CAN MAKES LAWS (UNILATERAL POWERS)
•DIFFERENT SETUPS
•U.S. IS A PRESIDENTIAL SYSTEM (TERM LIMITS POST-FDR)

10. EXECUTIVE BRANCH #2
•ARTICLE 2 ESTABLISHES THE EXECUTIVE
•SECTION 1 QUALIFICATIONS
•SECTION 2 POWERS OF THE CHIEF EXECUTIVE
•SECTION 3 SOTU & AGENDA
•SECTION 4 EXECUTIVE OFFICERS, IMPEACED, TRIED, ETC…
•PRESIDENTIAL VS. PARLIAMENTARY +’S AND –’S

11. JUDICIAL BRANCH #1
•JUDICIARY: GOVERNMENTAL BODY THAT INTERPRETS LAWS
•BUT THE JUDICIAL BRANCH CAN OFTEN MAKE LAWS
•HAMILTON #78, EXECUTIVE “SWORD” LEGISLATURE “PURSE”,
JUDICIARY “JUDGMENT”
•DIFFERENT SETUPS

12. JUDICIAL BRANCH #2
•ARTICLE 3: COVERS THE JUDICIAL BRANCH, VERY SHORT
•JUDICIAL POWER (PG. 99)
•MARBURY V. MADISON, JUDICIAL REVIEW (PG. 99)
•JUDGES CAN SERVE LIFETIME AS LONG AS “GOOD BEHAVIOR”
•LEGISLATIVE SUPREMACY PG. 100

13. PART 1(C) SEPARATION OF
POWERS/CHECKS &BALANCES

14. SEPARATION OF POWERS: BASICS AND
HISTORY
•SEPARATION OF POWERS (PG. 100)
•MONTESQUIEU LIBERTY THREATENED IF SAME GROUP ENACTED
TYRANNICAL LAWS ALSO EXECUTED
•“PUTTING ALL OUR EGGS IN ONE BASKET”
•HOW IS IT ACCOMPLISHED?

15. CHECKS & BALANCES: BASICS #1
CHECKS & BALANCES (PG. 101) FEDERALIST #51
•EXECUTIVE ON LEGISLATIVE & VICE VERSA:
EXEC VETO LEGISLATION, CALL SPECIAL SESSION. CONGRESS
IMPEACH; CONFIRM APPTS./TREATIES, CONTROL MONEY, OVERRIDE
•EXECUTIVE ON JUDICIAL & VICE VERSA:
EXEC NOMINATES JUDGES. JUDICIAL CAN DECLARE EXEC ORDERS
UNCONSTITUTIONAL, UNREMOVABLE

16. CHECKS & BALANCES: BASICS #2
LEGISLATIVE ON JUDICIAL & VICE VERSA: CAN IMPEACH JUDGES
AND CONTROL THE JUDICIAL BUDGET; DECIDE # OF JUSTICES;
SENATE CONFIRMS NOMINEES. COURTS CAN DECLARE LAWS
UNCONSTITUTIONAL!
FOUNDERS WERE SUPPORTIVE OF SEPARATION OF POWERS,
MADISON FED #47 CONVINCED THEM CHECKS/BALANCES
“AMBITION MUST BE MADE TO COUNTERACT AMBITION”.

17. CONSTITUTION ON SEPARATION OF POWERS/CHECKS &
BALANCES
ARTICLE 1: BICAMERAL LEGISLATURE, PRESIDENTIAL VETO,
OVERRIDE, IMPEACHMENT
ARTICLE 2: EXECUTIVE ENFORCES/LEGISLATE, APPT JUDGES,
CHIEF ARMED FORCES, CONGRESS DECLARES
ARTICLE 3: CREATES SUPREME COURT BUT VAGUE, MARBURY V.
MADISON

18. PART 1D) FEDERALISM BASICS
& CONSTITUTIONAL ROOTS

19. FEDERALISM BASIC TERMS #1
•FEDERALISM IS A COMPROMISE
•ENUMERATED POWERS OF CONGRESS (PG. 105)
•“NECESSARY AND PROPER CLAUSE” (ELASTIC CLAUSE DUE
TO BROAD INTERPRETATION) (PG. 105)

20. FEDERALISM BASIC TERMS #2
•SUPREMACY CLAUSE (PG. 105)
•LIMITS: ART 1 SECT 9 LISTED SPECIFIC POWERS NOT GRANTED
TO CONGRESS, BILL OF RIGHTS LIMITS GOVT POWER ON
INDIVIDUALS
•CONCURRENT POWERS (PG. 106)