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6FedCivLibs_bw_ - American Government Lecture 6 Federalism...

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American Government Lecture 6 – Federalism continued
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Evolving Federalism Not a static relationship Relationship between State and Federal government has changed drastically Still changing Three major phases Dual Federalism Cooperative Federalism New Federalism
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The Constitution: How does it work? Four main limits on power Federalism Separation of Powers Checks and Balances Civil Liberties Fractures power Yet permits it to be wielded when there is mass agreement
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Power Management Supremacy Clause Federal government is supreme when there is a state-federal conflict Necessary and Proper Clause Federal government can expand its powers if necessary to use a power it currently has
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Dual Federalism (1789 - 1937) Dual Federalism Two independent levels of government Each has its own powers Little interaction Existed at founding Balance of power was in States favor Federal government was Supreme States still had more impact
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Early Federal Government Federal Responsibility Built roads and canals Distributed lands in the West Maintained army and navy for defense Taxed imported goods to raise revenues and protect domestic industries Operated the Post Office Little direct impact on daily lives Mainly maintained a “commercial republic” Didn’t effect most people’s government interaction
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Early State Government State Responsibilities Coercion (Police powers) Criminal Law Family Law Property Law Education Licensing Directly interacted with citizens Regulated daily life Maintained health, welfare and morals of citizens
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Slow Movement Layer Cake Federalism Small Federal government on top Large State government on bottom Downward and outward push Necessary and Proper expands government powers Commerce clause digs into State power FEDERAL STATE
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Evolving Federalism Marble Cake Federalism FEDERAL STATE
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Commerce Clause Article I, Section 8 Congress has the power to “regulate commerce with foreign nations, between the states, and with Indian tribes” Authorizes the regulation of trade As the economy expands internally to cross State lines, it brings Federal power into the States
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Supreme Court’s Influence Early 1800’s McCulloch v. Maryland (1819) Federal government seeks a National bank
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