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Essay / Power and government authorities - 1126
#1. (Chapter 2) Define federalism and the separation of powers, identify the primary sources of explicit state and federal authorities in the Constitution, and explain why the architecture of the division of powers was important to the Founders. Federalism is the division of governmental powers and authorities between the State and Federal Governments. The separation of powers is not actually labeled or defined in the constitution. However, the framers of the constitution believed that “to avoid tyranny, a separation or division of powers must exist” (Feldmeier & Hall, 2012). They believed that if powers and authorities were not separated, chaos would reign in the nation. The U.S. Constitution explains the powers held by the state and federal governments. The U.S. Constitution divides state and federal powers in Articles I, II, and III. “Article I establishes Congress and states its authorities. Congress is made up of two chambers: the House of Representatives and the Senate” (Feldmeier & Hall, 2012). Articles II and III continue to establish the President, his powers, and the rules and authorities of the Supreme Court of the United States. It was essential that the framers apply a separation of powers to the very architecture of the Constitution. The founders “had experience of a centralized authority, the English Crown, and found it arbitrary and unfair” (Feldmeier and Hall, 2012). To prevent the United States from becoming a centralized authority, it was very important to design the U.S. Constitution with a separation of powers.#2. (Chapter 3) Define and explain stare decis and its application by the Supreme Court and lower courts. “Stare decices is the doctrine according to which judicial decisions constitute precedents for cases that arise in the future” (Feldmei...... middle of article ...unity by favoring retired employees of State versus Retired Federal Employees In this case, the State of Michigan violated the law by exempting state and local government pensions from taxes, but withholding taxes from federal government pensions. (Intergovernmental Immunity Doctrine Act and Legal Definition, 2014) The whole idea of the intergovernmental immunity doctrine was to protect the rights of intergovernmental agencies against each other. References Feldmeier, JP and Hall. , DE (2013). Inc. Intergovernmental Immunity Doctrine Law and Legal Definition (May 17, 2014). Understanding Enumerated Powers. (May 17, 2014). Retrieved from www.laws.com: http://constitution.laws.com/enumerated-powers