Chapter 3 - Federalism - Article I Section 9 &10. b....

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1 I. Federalism A. Types of National Governments 1. Unitary. Arrangement of government where power rests with the national government and subnational governments have only the power given to them by the national government. E.g. The United Kingdom. 2. Confederation. Arrangement of government where the national government is created by the states and depends solely upon the states for its powers. 3. Federal system. A system of government that divides powers between the national government and the states. Shared authority to act. B. Division of Power between the National and State Governments: 1. Three types of Federal Powers: a. enumerated or expressed. Article I Section 8. b. implied. Necessary and Proper Clause. c. inherent or prerogative . 2. Concurrent Powers and Exclusive Powers 3. Reserved Powers and the 10 th Amendment 4. Limits on State Powers. a. Powers Denied to the States
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Unformatted text preview: Article I Section 9 &10. b. Full faith and credit clause to public acts, records, and judicial proceedings another state. c. 14 th Amendment. Equal Protection and Due Process of Law. C. Evolution of Federal Power. 1. McCulloch v. Maryland 1819. Federal Bank Case 2. Expansive Federalism. Garcia v. San Antonio Metropolitan Transit 1985 (p. 23) 3. New Limits on Federal Powers. a. United States v. Lopez 1994. Violation of Gun Free School Zones Act b. United States v. Morrison 2000. University Student brought claim for damages under Violence Against Women Act. 4. How the National Government Evades Rules of Federalism . a. Federal preemption. The assertion of federal jurisdiction over a policy area previously b. Grant in Aid c. Federal Mandates. Order states and local government to perform a specific function. MADD and ADA...
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This note was uploaded on 05/04/2008 for the course POL 1013. taught by Professor Harmon during the Fall '06 term at The University of Texas at San Antonio- San Antonio.

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Chapter 3 - Federalism - Article I Section 9 &10. b....

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