Lecture on Federalism and Separation of Powers

Introduction

• Speaker: Kerry Sautner, Chief Learning Officer at National Constitution Center
• Guest: Tom Donnelly, a top scholar at the National Constitution Center
• Focus: Big constitutional concepts - Federalism and Separation of Powers
• Objective: Understand how these concepts have modern implications.

Key Questions

1. What is separation of powers?
2. What are checks and balances?
3. What is federalism?
4. Where do these concepts appear in the Constitution?
5. Why do we have them?
6. Modern implications: Hypothetical - Does Congress have the power to require mask-wearing during a pandemic?

Definitions

Separation of Powers

• Distributes political power among three branches of government:
  • Legislative Branch: Congress
  • Executive Branch: Led by the President
  • Judicial Branch: Headed by the Supreme Court

Checks and Balances

• System allowing each branch to limit powers of the other branches to prevent abuses.
• Example: Lawmaking process requires checks at multiple stages (Congress, President, Judiciary).

Federalism

• Distribution of power between national and state governments.
• National government handles issues that affect the country as a whole.

Historical Context

• Articles of Confederation: Weak national government, powerful states.
• Constitutional Convention: Need for balance in power to avoid an overly powerful national government.

Influences on Founding Ideas

• John Locke and Montesquieu: Ideas of separation of powers to prevent abuses.
• Madison: Innovated by setting up branches against each other to ensure constitutional checks.

Constitution and Distribution of Power

• Articles 1, 2, 3: Establish legislative, executive, and judicial branches.
• Checks and Balances: Example with lawmaking process - Congress drafts laws, the President can veto, judiciary can review constitutionality.

Federalism in Practice

• Not explicitly mentioned but integrated throughout the Constitution.
• States as 'laboratories of democracy' (e.g., women's suffrage).

Key Historical Debates

• National Bank: Hamilton vs. Jefferson, Washington's cabinet debate.
  • Hamilton's Argument: Necessary for national economic policy.
  • Jefferson's Argument: Unconstitutional, no specific constitutional clause.
  • Outcome: Washington sided with Hamilton; Supreme Court later affirmed constitutionality via Necessary and Proper Clause.

Andrew Jackson and the National Bank

• Opposed the national bank despite Supreme Court's earlier ruling.
• Used veto to reject rechartering, arguing for constitutional authority and reflecting people's will.

Executive Orders and President's Power

• Example: Truman and the steel mills during Korean War.
  • Truman's Argument: National security as Commander-in-Chief.
  • Supreme Court Decision: Unconstitutional without Congressional approval.
  • Robert Jackson's Analysis: Three buckets of presidential power depending on Congressional approval.

Modern Implications

• Hypothetical Discussion: Can Congress mandate mask-wearing during a pandemic?
  • Federalism Aspect: More traditional for state/local governments.
  • Congressional Powers: Limited, must rely on Commerce Clause, Spending Power, and Necessary and Proper Clause.
• Conclusion: Need for understanding constitutional framework to navigate federalism and separation of powers.

Final Thoughts

• Understanding the interplay of different branches and state vs. national power is key to interpreting the Constitution's application today.