PS40week3readingnotes - PS40 Week 3 Reading KS: Chapter 3...

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PS40 – Week 3 Reading KS: Chapter 3 – Federalism 1) American-Style Federalism a. Federalism: hybrid arrangement that mixes elements of a confederation, in which lower-level governments possess all real authority, and unitary government, in which the national government monopolizes constitutional authority. i. The same people and territory are included in both levels of government. ii. The nation’s constitution protects units at each level of government from encroachment by other units. iii. Each unit is in position to exert some leverage over the other. b. Dual Federalism i. Leaves the states and the national government to preside over mutually exclusive “spheres of sovereignty.” c. Shared Federalism i. National and state governments jointly supply services to the citizenry. Progressive nationalization has transformed American federalism from mostly dual to mostly shared. 2) Federalism and the Constitution a. Transformation of the Senate i. State prerogatives were defended against national encroachment through the representation means of the Senate. That is, through popular election and selection of senators through state legislation. b. Constitutional Provisions Governing Federalism i. Commerce Clause ii. Elastic Clause: “necessary and proper” iii. Admission of New States iv. Enforcement of Republican Form of Government: for every state.
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v. Supremacy Clause: “supreme law of the land.” Framed to avoid impasses over jurisdiction. vi. Tenth Amendment: powers not delegated to US by Constitution, nor prohibited by it to the States, are reserved to the States respectively, or the people. c. Powers of congress i. Enumerated powers: specific authority that would enable the government to address the problems states had with Articles of Confederation. ii. Tenth Amendment as the most explicit endorsement of federalism. d. Interpreting the Constitution’s Provisions i. McCullough v. Maryland: brought together supremacy and elastic clauses. John Marshall declared that b/c the national bank assisted Congress in performing several of its responsibilities; the elastic clause gave the national government the implicit authority to create the bank. ii. Gibbons v. Ogden: neither New York nor New Jersey could control the concession of the steam company monopoly. Only congress could regulate commerce. Supremacy clause extended this to all states. 3) Logic of Nationalization a. Nationalization as a road-building game: neighborhood roads qualify as public goods, issue is whether those who use them will contribute to their maintenance. Informal negotiations and voluntary compliance yield a fairly successful outcome. b. The organization of collective action at the “state” level where the project represents a public good introduces a commendable level of efficiency and responsiveness in policy to preferences of citizenry. c.
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This note was uploaded on 04/01/2008 for the course POL SCI 40 taught by Professor Schwartz during the Spring '06 term at UCLA.

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PS40week3readingnotes - PS40 Week 3 Reading KS: Chapter 3...

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