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prelim 1 review - 1 America's federal system has been given...

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1. America's federal system has been given different labels in history: "dual federalism" before the 1930s, "cooperative federalism" since the 1930s, and "regulated federalism" after the 1960s. Please explain what factors contribute to those different understandings of federalism in American history, and why this trend has anything to do with national government's power. Dual Federalism: is the system of government in which most fundamental governmental powers were shared between the federal and state governments. o The constitution delegated a list of specific powers to the national government and reserved the rest for the states National Policies Internal Improvements Subsidies Tariffs Public Lands disposal Patents Currency State Gov Polices Property Laws Estate Inheritance Laws Commerce laws Banking and credit laws Insirance, family, morality, public health, education, general penal laws, etc o Elastic cause amounted to an invitation to struggle over the distribution of powers b.w national and state governments. o Under Article 1, Section 8 the national government remained within a “strict construction” for nearly 2/3 of history. o Throughout the 19 th century the Supreme Court interpreted the Constitution broadly favoring the national power
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McCulloch v. Maryland Gibbons v. Ogden o Even though S.C. allotted more power to the national government most of the 19 th century is declared unconstitutional any efforts of the federal government to regulate the economy via the concept of interstate commerce Cooperative Federalism: a type of federalism existing since the New Deal Era, in which grants-in-aid have been used strategically to encourage states and localities (without commanding them) to pursue nationally defined goals. Also known as intergovernmental cooperation. o Gave more power to the national government because it was kind of a bribe, whereby Congress could appropriate money to the states with the condition that the money be used for a particular purpose as defined by Congress. o
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