Saturday, December 28, 2019

The first pair I will define and state the significance...

The first pair I will define and state the significance are separation of powers and federalism. Separation of powers was conceived because of concerns over the thought that the majority would oppress the minority. Instead of giving all power to one, for fear of tyranny and concentrated power, it was divided into three branches which include Legislative, Executive, and Judicial. Each branch has their separate power in their domain and act independently. Separation of powers was also created to help promote and liberty. Federalism is the dispersal of power between the federal government and each of the states. The United States Constitution allows jurisdiction to the federal government over national affairs and reserves powers to the†¦show more content†¦National supremacy clause is Article VI in the Constitution says that federal law is the ultimate law of the land. This basically comes down to any federal law beats any conflicting state law. An example of utilizing the sup remacy clause was McColluch vs. Maryland. Maryland tried to tax the Second Bank of the United States. When they did not pay, Maryland sued James McColluch for collection. His response was the tax was unconstitutional. The state court ruled in Maryland’s favor and he appealed to the United States Supreme Court which was ruled unconstitutional. This is an example of how state laws are defeated when they conflict with federal laws. The Articles of Confederation was framed so that the states held the power and kept it from a central government. However, in the Constitution, in Article VI, it gives federal law the ultimate decision if state law conflicts. There are reasons why the Article of Confederation was ultimately replaced by the United States Constitution that is still in effect today. The Articles of Confederation may have given the states too much power and not enough to central government. Moving along, next I want to define presidential pardons. 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