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The Federalist Papers are a series of 85 articles arguing for the ratification of the United States Constitution. They were first published serially in New York City newspapers. A compilation, called The Federalist, was published in 1788. The Federalist Papers serve as a primary source for interpretation of the Constitution, as they outline the philosophy and motivation of the proposed system of government.
The articles were written by James Madison, Alexander Hamilton, and John Jay, under the pseudonym "Publius"
Federalist No. 10 and Federalist No. 51 are generally regarded as the most influential of the 85 articles; 10 advocates for a large, strong republic and includes discussion on factions, 51 explains the need for separation of powers. Federalist No. 84 is also notable for its opposition to what later became the United States Bill of Rights. |
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Dillon’s Rule is derived from written decision by Judge John F. Dillon of Iowa in 1868. It is a corner stone of American municipal law. It maintains that a political subdivision of a state is connected to the state as a child is connected to a parent. Dillon’s Rule is used in interpreting state law when there is a question of whether or not a local government has a certain power. Dillon’s Rule narrowly defines the power of local governments.
The first part of Dillon’s Rule states that local governments have only three types of powers:
1. Those granted in express words
2. Those necessarily or fairly implied in or incident to the powers expressly granted.
3. Those essential to the declared objects and purposes of the corporation, not simply convenient, but indispensable.
The second part of Dillon’s Rule states that if there is any reasonable doubt whether a power has been conferred on a local government, then the power has NOT been conferred. This is the rule of strict construction of local government powers. |
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| Devolution or home rule is the granting of powers from central government to government at regional or local level. It differs from federalism in that the powers devolved are temporary and ultimately reside in central government, thus the state remains unitary. Any devolved assemblies can be repealed by central government in the same way as an ordinary law can be. Federal systems differ in that subnational government is guaranteed in the constitution. |
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| Rules imposed by the federal government on the states as conditions for obtaining federal grants or requirements that the states pay the costs of certain national programs. |
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A political system in which ultimate authority is shared btw a central govt and state or regional govts.
>certain powers are granted to fed govt
>certain powers are granted to state govt
>certain powers are granted to both |
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| New Federalism refers to the transfer of certain powers from the United States federal government to the U.S. states. |
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Federation - sovereignty to national govt, direct contact w/ citizens by both national & state govts, both levels have power over the ppl.
Ex: US, Canada, India
Confederation - sovereignty to state govts, national govt deals with states, states deal directly with ppl, states have pwr over the ppl.
Unitary - only the central govt, no states govts.
Ex: Italy, Sweden |
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