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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 295