Week 10.docx - Federalism and Separation of Powers and...

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Federalism and Separation of Powers, and Congress Constitution struggle Two of the most important institutional features Federalism divides power into two levels, national and state Separation of powers divides each level of government against itself Defining federalism Federalism is the division of powers and functions between the national government and state governments The constitution provides “expressed powers” and “implied powers” to the federal government The 10 th amendment reserves the rest of governmental power for the states The struggles of federalism The four stages of federalism Dual federalism (1789-1937) Cooperative federalism (1937-1960s) Regulated federalism (1960s-1990s) o Allowed national government to coarse state policy making on the threat of withholding funds New federalism (1990s-present) o Return of some power to the states Dual federalism (1789-1937) Powers were shared between the federal and state governments States exercised the most important powers Called “dual federalism” because the duties and operations of the different levels of government remained more strictly separated From dual federalism to cooperative federalism New deal (1930s) expansion of the national governments role in regulating commercial activity NLRB vs. Jones and Loughlin Steel Company 1937 Cooperative federalism (1937-1960s) Marked by supportive relations, sometimes partnerships, between the national government and the state and local governments A rise of “grants in aid”: funds given by congress to state and local governments Regulated federalism (1960s-1990s) The national government dictates national standards states must meet or rules states

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