Unformatted text preview: (this has absolutely nothing to do w/ the division of the three branches; NO BRANCHES, just levels). Most other governments are unitary, not necessarily meaning that they have no local govt., but rather that the local govt. is little more than an arm of the central govt. Power to run election is specifically given to the states (these powers are called reserved powers reserved for the state). Powers that are denied to the states, such as power to declare war, are called delegated powers. McCulloch v. Maryland started because the State of Maryland tried to tax the Maryland branch of the Federal Bank. Many saw this as a problem because the Constitution didn't give congress power to establish a national bank. There were concerns in the state legislature, from smaller states, cross-cutting concerns, but overall there was considerable opposition to the national bank. So Maryland tried to make taxes so that the bank would be forced to leave. Administrator of the bank, McCulloch, refused to pay the tax, and Maryland took him to court. Congress given powers to collect taxes and be paid, etc., and wanted to have a bank with which to do this; the states didn't want this because they'd been doing it just fine w/out it so obviously its not necessary. So the question was: is Congress really limited to what is necessary and proper, or what is convenient? Chief Justice Marshall delivered the opinion of the court: convenient. Important because Congress eventually began expanding its powers exponentially, things never provided for in the Constitution, and it goes before the Supreme Court and this is cited. It's taken for granted that the government has powers now; almost nothing gets taken to the courts. Today questions of the federal govt. are largely about grants. Various kinds of grants, which the central govt. gives out etc. Categorical grants specific grants usually given Downloaded from: www.yumesorah.com POL1040ZilNotes1.pdf Page 2 of 10 POL 1040H American Politics Professor Zilber Spring 2003 Notes Entire Semester under conditions. NY recently lowered drunk driving to .08 to comply with a highway grant, and 21 drinking age is also for highway grants. Often conditions are not related... a lot of civil rights were ensured by grant programs. New federalism Nixon implemented a program introduced by Johnson, revenue sharing program. Government took a large amount of revenues and handed them over to the states. By time Reagan in office, revenue sharing was fazed out. He said shrink size of federal govt., like get rid of department of education and let states handle, and also less categorical, more block grants. Bush also wants the same thing... critics say that states that want it to go to things other than low-income families will be able to find ways. By the time Reagan left office, balance of categorical to block shifted back almost to where it was when he came in. Why give grants at all ideological interests in turning power to states, like they'd do it better. Part is fed govt. is interest...
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This note was uploaded on 02/19/2008 for the course POL 1040 taught by Professor Zilber during the Spring '03 term at Yeshiva.
- Spring '03
- American Politics