This paper discusses federalism, a mechanism designed to institutionalize a permanent struggle between state and national power rather than having the states report obediently to a federal monolith.
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Paper Summary:
This paper explains that the structure of the U.S. government is laid out in Articles I, II, and III of the Constitution. The author points out that the states were not granted specific powers by the Constitution; rather, they were prohibited from certain activities and actions, which makes it clear that the states did not require the federal government for their empowerment. Rather, they had, a priori, all powers the federal government did not specifically claim for itself nor prohibit to the states. The paper relates that, while there has been virtually no change in the concepts or conduct of federalism concerning international conduct and commerce, there have been significant changes in the way the federal government and states have interacted over time: states' rights have eroded, and the federalism has increased.
Table of Contents
Constitutional Framework of Federalism
Specific Powers of the Federal Government
Specific Powers of the States' Legislatures
The Changing Landscape of Federalism
Summary of the Strengths and Weakness of Federalism
From the Paper:
"Although the United States is not the only nation to create a separation of powers within the authority of government-France, Great Britain, Mexico and other nations do so as well-it is the only nation that has set a constitution that is "deliberately inefficient. The separation of powers devised by the framers of the Constitution was designed to do one primary thing: To prevent the majority from ruling with an iron fist." Moreover, it made those provisions in the first three articles of the Constitution."
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