Ch3Notes - Chapter 3 Federalism San Fransisco Earthquake...

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Chapter 3: Federalism San Fransisco Earthquake 1906, showed the limits of volunteerism and state resources American Style Federalism Def: Federalism is a hybrid arrangement that mixes elements of a confederation and unitary government Unitary Government Central government controls everything Local governments serve as part of the administrative apparatus of the national government Federalism needs three conditions The same people and territory are included in both levels of government The nation's constitution protects units at each level of government from encroachment by the other units (Independence, not in the Articles) Each unit is in a position to exert some leverage over the other Dual Federalism Separate “spheres of sovereignty” Fed 45 describes the limited powers of the federal government Mainly just theory, not a real system of government 19 th century the closest we got to it Nationalization completely changes it and shifts indefinite power to the national government Shared Federalism National and state government jointly supply services Modern relations are hard to describe and assess Critics say the states now merely implement federal programs Federalism and the Constitution Two protections to avoid it degenerating: 1) The Senate 17 th Amendment makes it popularly elected, states no longer choose representatives 2) Explicit rules assigning powers to the states Congress can't destroy states, 2/3 states to get the amendment process rolling Three things override these protections: 1) The Supremacy Clause Wherever the national government can find power, it trumps the states 2) Powers of Congress Besides enumerated powers, elastic clause opens up the door to many more areas of jurisdiction and powers
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