part 4
Basic Constitutional Concepts:
Federalism, Separation of Powers,
and Rule of Law
points to remember
1. The American system of federalism divides political power between two levels of government. Those powers not delegated to the
Federal government are reserved to the States. Article I of the Constitution specifies the delegated and implied powers of Congress, and also
enumerates those powers that are prohibited to both Congress and the
States. Some powers of Congress are exclusive; and others are concurrent, meaning they are shared with another branch or with the States.
2. The States have certain obligations to the Federal government and
to each other, and the Federal government has certain obligations to the
States. Most of these obligations that each owes the other are framed in
Article IV of the Constitution.
3. Formal changes of the constitutional structure must be approved by
three-fourths of the States through the amendment process, which is
provided by Article V of the Constitution. Every amendment that has
been added to the Constitution was proposed by a two-thirds vote of
Congress. The States may initiate amendments but have never exercised
this power. Congress decides whether the amendment shall be ratified
by the State legislatures or by the States meeting in convention. All but
the 21st Amendment have been ratified by the State legislatures.
4. The American system of separation of powers is not a pure separation of powers. Although the officeholders in each branch are separate
and distinct, the functions overlap. This overlapping of functions forms
an elaborate check and balance system, allowing each branch to check
the encroachments of another. In this way the separation of powers is
actually maintained.
5. The American constitutional system is based on rule of law, the
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