09.13 - PS 1: 09. 13.07 Paper: There is no right or wrong...

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PS 1: 09. 13.07 Paper: There is no right or wrong answer, you will be graded on the strength of your argument and clarity of its answers. BE SPECIFIC AND BACK UP UR ANSWER GRADED ON HOW STRONGLY YOU MAKE UR CASE AND HOW CLEARLY YOU CAN MAKE IT… I. Review a. Constitution—a document that rose out of common motivation to come up with a doc that can be ratified in all states. The convention was divided among many lines and therefore the constitution is a compromised document. (4 main) i. Slavery ii. Electoral College iii. Federalism iv. Bill of Rights and Civil Liberties b. Federalism: division of sovereignty between two levels of government i. It does not say anything about the balance of power between the two levels of government. ii. Power between two governments have evolved over time giving the national government more and state governments less. iii. National Gov Congress is usually talked about 1. Comparing what issues Congress has authority to pass laws on and what issues states have authority to pass laws on. iv. Types 1. Dual Federalism – Layer Cake Federalism 2. (1930’s) Cooperative Federalism—Marble Cake Federalism (in response to Great Depression) a. Vague phrases: 3 of them were interpreted by the Supreme Court to give more power to the national government b. Supremacy Clause c. Necessary and Proper Clause / aka / Elastic Clause i. McCulloch v. Maryland d. Commerce Clause i. Gibbons vs. Ogden ii. Wilker v. Filburn e. Key tool to make this cake was the categorical grant which puts strict limits on what states can do with the money. II. Federalism (Continued) a. Regulated Federalism
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i. Different from cooperative federalism b/c it involved the national government says it wants certain standards (uniformity) across the country. ii. Basically the government achieves uniformity by using the STICK not the CARROT (Better known as coercive federalism ). It increases the cost of noncooperation through two ways. 1. Take away money from the states. a. (Money involved may not exactly be related to the issue involved.) b. 1970’s: States control criminal law, and part of that is how fast you can drive your car. There is a big oil crisis, and Congress believes that a national speed limit might help. They decided that they give millions of $ to states every year so either the states change speed limit to 55 mph or they will not give the states money anymore. i. 1973 : Law passed that no money for states unless speed laws are changed and states of course complied. ii. 1995: Congress changed the ruling…They no longer linked highway funds to speed limit. iii. Basic idea: Congress threatened to take away money to get goal met. c. Why 21 yrs or older to drink? i.
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This note was uploaded on 04/02/2008 for the course POL SCI 1 taught by Professor Wallsten during the Fall '08 term at Berkeley.

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09.13 - PS 1: 09. 13.07 Paper: There is no right or wrong...

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