THE SEPARATION OF LEGISLATIVE POWERS IN THE AMERICAN CONSTITUTION

1
THE SEPARATION OF LEGISLATIVE POWERS IN THE
AMERICAN CONSTITUTION
2
CONSTITUTIONAL PROVISIONS

• ENUMERATED POWERS (ART. 1 SECT. 8)
• THE IMPLIED POWERS CLAUSE (ART. 1, SECT. 8 CLAUSE
  18)
• THE RESIDUAL POWERS CLAUSE (X AMENDMENT)
• THE SUPREMACY CLAUSE (ART. 6 CLAUSE 2)

3
DUAL FEDERALISM

• The federal Government has only enumerated powers
• The purposes that can be achieved by the federal
  Government are limited
• The federation and the states are, each in its
  own sphere, sovereign and equal
• The relationship between the two level of
  government are competitive (rather than
  cooperative)

4
DUAL FEDERALISM

• ... although the State of Wisconsin is sovereign
  within its territorial limits to a certain
  extent, yet that sovereignty is limited and
  restricted by the Constitution of the United
  States. And the powers of the General Government,
  and of the State, although both exist and are
  exercised within the same territorial limits, are
  yet separate and distinct sovereignties, acting
  separately and independently of each other within
  their respective spheres. (Ableman v. Booth,
  1895)

5
CIVIL WAR

• Defeats the idea that the the federal
  constitution is a pact between states (Calhoun gt
  see introduction)
• Affirms the national theory gt the federal
  constitution - establishing a dual system of
  government - has been created by an act of the
  people

6
LIBERAL STATE gt WELFARE STATE

• Second industrial revolution
• Federal legislation
• Interstate commerce act 1887
• Sherman antitrust act 1890
• Pure food and drug act 1906

7
XVI AMENDMENT

• Representatives and direct taxes shall be
  apportioned among the several states ...
  according to their respective numbers (Art. 1,
  sect. II par. 3)
• Pollock v. Farmers (1895)
• The Congress shall have the power to lay and
  collect taxes on incomes, from whatever source
  derived, without apportionment among the several
  states, and without regard to any census or
  enumerations (XVI am.)

8
WELFARE AND DEMOCRATIC STATE

• The Senate of the United States shall be
  composed of two Senators from each state, elected
  by the people ... (XVII am.)
• The right of citizens of the United States to
  vote shall not be denied or abridged by the
  United States or by any State on account of sex.
  (XIX am.)

9
THE NEW DEAL

• Economic crisis of 1929
• F.D. Roosvelt presidency (1933-1945)
• Agriculture Adjustment Act 1933
• National Recovery Act 1933

10
COOPERATIVE FEDERALISM

• national government and state one are
  complementary and they all tend to create a
  single government mechanism with the aim to
  fulfill the objectives fo the federal government
  in charge
• both levels pf government have some powers in any
  matters
• the border between federal and state
  jurisdictions is mobile and has to be defined by
  agreement between the two levels of government

11
THE ROLE OF THE SUPREME COURT

• the court-packing crisis of 1937
• centralization of powers by using the
• commerce clause
• implied powers clause
• supremacy clause gt pre-emption doctrine
• civil rights gt Brown v. Board of Education
• grants in aid gt coercive federalism

12
NEW FEDERALISM

• to establish a clearer division of powers and
  responsibilities between federation and states
  and a consequent reduction of federal involvement
  in the activities of local interest
• to reduce the welfare state and the public
  intervention in citizens life
• to promote the individual (private) intervention
  in the welfare sector (school, health)
• to decrease the tax burden
• to introduce the deregulation program