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Federalism Presentation II - AMERICAN FEDERALISM AMERICAN...

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Unformatted text preview: AMERICAN FEDERALISM AMERICAN Where Does the Power Rest? The Federal System Federalism involves constitutional power-sharing between a national and regional (state) units of government, each having their own jurisdictions. UNITARY UNITARY CONFEDERATION Federal Powers Expressed or Enumerated Expressed Implied Implied Necessary and Proper Clause of Article I. Necessary Inherent States Rights States Reserved Powers found in the Tenth Amendment aims to reserve powers to the states. states. Concurrent Powers authority possessed by both the state and national level by Meaning of Federalism Meaning Hamilton’s view: National Supremacy Hamilton’s since Constitution is Supreme Law since Jefferson’s view: States’ Rights with the Jefferson’s people as ultimate sovereign (authority) people McCulloch v. Maryland (1819) McCulloch At issue: Can the state of Maryland level At taxes against a federal institution? Can Congress create a bank? Congress At stake: What powers can be inferred by At the federal government when invoking the "necessary and proper" clause? "necessary EXPANDING FEDERAL POWER EXPANDING National Supremacy Clause (Article VI, National Section 2) Section Commerce Clause General Welfare Clause The Changing Federal Framework The From the 19th century until 1937, the From Concept of DUAL FEDERALISM DUAL prevailed. prevailed. Gibbon v. Ogden (1824) established a broad definition of established interstate commerce interstate COOPERATIVE FEDERALISM COOPERATIVE Grants-in-aid – monies passed from Grants-in-aid the federal to state governments the Categorical grants Block grants The Changing Federal Framework The CREATIVE FEDERALISM LBJ’S Great Society Programs NEW FEDERALISM NEW The Changing Federal Framework The REGULATED FEDERALISM REGULATED Preemption National Standards National Unfunded Mandates Conditional Grants DEVOLUTION DEVOLUTION Interstate Relations Interstate Full faith and credit: States are required to give "full faith and credit" to the laws, records, and court decisions of another state. state. Privileges and immunities: Citizens of each state are entitled to the privileges and immunities of citizens of the state they are currently in. are Interstate Relations Interstate Extradition: Upon request, a governor in one state can hold a person accused of a crime in another state, pending the person's being returned to the original state for disposition of the case against him/her him/her Interstate compacts: States may enter into agreements with other states only with the approval of Congress. the ...
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