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Unformatted text preview: Chapter Three Federalism: Forging a Nation Chapter Outline I. Federalism: National and State Sovereignty A. The Argument for Federalism 1. Protecting Liberty 2. Moderating the Power of Government 3. Strengthening the Union B. The Powers of the Nation 1. Enumerated Powers 2. Implied Powers C. The Powers of the States II. Federalism in Historical Perspective A. An Indestructible Union (17891865) 1. The Nationalist View: McCulloch v. Maryland 2. The States Rights View: The Dred Scott Decision B. Dual Federalism and Laissez-Faire Capitalism (18651937) 1. The Fourteenth Amendment and State Discretion 2. Judicial Protection of Business 3. National Authority Prevails C. Toward National Citizenship III. Federalism Today A. Interdependency and Intergovernmental Relations B. Government Revenues and Intergovernmental Relations 1. Fiscal Federalism 2. Categorical and Block Grants C. Devolution 1. The Republican Revolution 2. Devolution, Judicial Style IV. The Publics Influence: Setting the Boundaries of Federal-State Power Chapter Summary The foremost characteristic of the American political system is its division of authority between a national government and the states. The first U.S. government, established by the Articles of Confederation, was essentially a loose alliance of states. In establishing the basis for a more powerful national government, the Framers also made provisions for safeguarding state interests. The result was the creation of a federal system in which sovereignty was vested in both national and state governments. The Framers carefully enumerated the general powers of the national government and granted it implied powers through the necessary and proper clause in Article I. Other powers are reserved to the states by the Tenth Amendment. From 1789 to 1865, the nations survival was at issue. The states found it convenient to argue that their sovereignty took precedence over national authority. In the end, it took the Civil War SG 3 | 1 to cement the idea that the United States was a union of people, not of states. From 1865 to 1937, federalism reflected the doctrine that certain policy areas were the exclusive responsibility of the national government, while others belonged exclusively to the states. This constitutional position enabled the South to discriminate against African-Americans and promoted the laissez- faire doctrine that big business was largely beyond governmental control. Federalism, as we perceive it today, began to emerge in the late 1930s during the presidency of Franklin D. Roosevelt. In the areas of commerce, taxation, spending, civil rights, and civil liberties, among others, the federal government now has a very large role, one that is the inevitable consequence of the increasing complexity of American society and the interdependence of its people. National, state, and local officials now work closely together to solve policy problems, a situation that is commonly described as cooperative federalism. Grants-in-aid from Washington, D.C. to the commonly described as cooperative federalism....
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