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Federalism
One national government, coexisting with state governments
Federal Supremacy
The states cannot enact laws that conflict with federal laws This violates the supremacy clause in the Constitution If a state enacts a law that conflicts with a federal law, the state law will be stricken by the courts States can never enact laws that conflict with the Constitution (nor can the federal government)
Branches of Government
Set forth in the Constitution The Constitution describes the federal government, but states generally mirror the branches of government at the state level Legislative, executive, judicial
Legislative Branch
Federal-called Congress Senate and house of representatives Duty is to create statutory laws At the state level is called state legislature
Executive Branch
At the federal level, president and all federal law enforcement Duty is to enforce the laws passed by the legislative branch At the state level, governor and all state law enforcement
Judicial Branch
At the federal level, headed by the US Supreme Court; includes all federal courts Duty is to interpret the laws passed by the legislative branch and the Constitution At the state level, headed by the states highest court; includes all state courts Very powerful branch because of judicial review
Separation of Powers
Each branch must stay within its designated role If a branch tries to act outside its role, the courts can declare that it is violating separation of powers Each branch checks and balances (keeps an eye on) every other branch Prevents power from being centralized
Burden of Proof
The obligation to prove a disputed allegation, charge, or defense Has two components: burden of production and burden of persuasion Production: must produce evidence Persuasion: must persuade the trier of fact (decision maker at trial-either a judge or jury) to a certain standard