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State and Local Government Review

State and Local Government Review - State and Local...

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State and Local Government Review Federalism - Federalism is the system in which the power to govern is shared between the national & state governments Unitary System – National government makes all major decisions, but not a dictorship, doesn’t take away civil liberties, UK was up until the 1980’s. France is an example Confederal System – Example would be the confederation states of America, states have the power, National government little power Federal System – Powers split between state and national government. Examples would be the United States and Canada Provision in the Constitution: Necessary and Proper Clause (Elastic Clause) – Stretches the constitution to fit the needs of the time and also gives congress the power to carry out its duties. Implied Powers – McuCulloch V. Maryland created implied powers. Article I powers are listed. “The power to tax is the power to destroy” Tenth Amendment – Powers not delegated to the US by the Constitution nor prohibited by it to the states, are reserved to the states respectively, or to the people Interstate Commerce Clause – Reserve rights to the federal government the right to regulate the conduct business across state lines. Gibbon V. Ogden – Steamboat route traveled license to operate ferry exclusive in New Jersey to New York. Other person had a federal license to travel route. Ruled in favor of federal license, and expand interstate commerce clause to include goods and services. NLRB V. Jones Laughlin Steel Company – Dispute over fair labor standards act, workers engaged in interstate commerce gave right to collective bargaining. Jones lost the cause because manufacturing is type of interstate commerce, finished product crosses state lines, and raw materials come from different states. Heart of Atlanta Motel V. U.S. – Argued didn’t have to follow civil rights act because they didn’t transport or manufacture goods. US argued that visitors are from other states and they advertise along highways. Katzenbach V. McClung – (Katzenbach attorney general) Ran restaurant in Atlanta no advertising and no out of state customers so they didn’t not have to follow the civil rights act. Would only serve African American through take out but seat Caucasian. US argued that operating a restaurant some stuff materials form out of state
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Began to Reverse 10 th amendment US V. Lopez – Congress passed gun free zone act which set policy for children who brought guns to school. Lopez kicked out of school because he brought gun to school, NRA paid for legal fees. Lopez won case based on the 10 th amendment, and that schools are a state government matter not a federal matter. 14 th Amendment – Equal protection of the laws (all citizens have equal protection of all laws). Guarantees due process of the law (I . E.Right to trail) Due Process - Is the principle that the government must respect all of a person's legal rights instead of just some or most of those legal rights when the government deprives a person of life, liberty, or property.
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