Compare the traditional understanding of separation of powers with the new version or invention described and defended in The Federalist.
The Federalist
Why
Argued it protected the rights of the people
Not seen in England and their states
What
Separated powers by national and state government
Made government against itself by having to share power yet have separate functions
Had the “necessary and proper” clause which led to “implied powers” which allowed for the national government to expand
Tenth amendment gave not specified powers to the states
Executive, legislative, and judicial branches
“These departments should not be so far separated as to have no constitutional control over each other”
The judiciary would be the weakest since it has “no influence over either the sword or the purse”
Current Version
What
Cooperative federalism led to confusion in separation of powers in state and national as there was cooperation between the national and state government which was what dual federalism was completely against
New federalism is the current form of power and it involved a tug-of-war between state and national government for control despite them often working in tandem for a common goal
Who
Supreme court also plays into separation of powers as helps mediate between congress and president
