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Federalism Division of Power Worksheet Form

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What is federalism? The answer is that federalism, in my view, is another form of the separation of powers. But whereas the separation of powers separates legislative, executive and judicial power at the national level, what federalism does is it separates power between the national government in the United States the state governments in the United States. And it is the case that it was the state governments, or at least popular conventions in nine of the 13 states that created the federal Constitution and therefore the federal government, but the federal government under the US Constitution is a government of limited and enumerated legislative powers. And there are significant powers that are still retained by the states. The state governments in the United States are what are called “governments of general jurisdiction.” That is to say they have what Professor Richard Epstein sometimes calls the police power, the power to protect the public health, safety and welfare. State gove

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