06FedCivLibs

06FedCivLibs - American Government Class 5 Principles of...

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American Government Class 5 - Principles of the Constitution
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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 Constitution doesn’t grant that power Congress argues that to regulate commerce, a bank is essential Marshall agrees, creating Implied Powers Also, if State law conflicts with National law, State law is automatically erased Gibbons v. Ogden (1824) NY grants a steamboat monopoly Marshall rules that since boats crossed State lines, NY had no power to regulate All commerce crossing state lines is Federal issue
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National Changes - (1789-1910ish) Federal role to encourage economy accepted Economy expands As nation grows, so do businesses Local trade gives way to national trade Businesses undercut each others prices To cut prices, cut quality Need for regulation Protection for consumers is needed States traditionally provided regulation With interstate commerce, States lose power
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Changes to Federalism Upton Sinclair’s The Jungle (1906) Reveals the meat packing industry Sparks popular uproar Results in the creation of the FDA Expands the idea of “National Interest” Should Federal government play more active role to protect people? In quality of goods yes, but limitations Lochner v. NY (1905)
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Great Depression (1929-1941) Totally beyond the scope of State control Stock Market crashes, economy stops Unemployment rises past 25% President Hoover does little Claims that government can’t intervene Nothing in Constitution to provide aid
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Franklin Delano Roosevelt Governor of New York Begins experimenting with programs Runs for President to do the same Wants to entice States to act Believes that to get the economy moving, someone needs to spend money and create jobs If that’s in the national interest, why shouldn’t the Federal gov’t do it? Not necessarily constitutional, but needed
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Grants-in-aid FDR uses Federal Money to aid States Tennessee Valley Authority National Recovery Administration School lunches Types of Grants-in-aid Programs where Congress provides money to States so they can provide jobs and services Block grants (States prefer) – Complete discretion to States to solve a problem
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This note was uploaded on 02/20/2012 for the course 790 104 taught by Professor Staff during the Winter '08 term at Rutgers.

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06FedCivLibs - American Government Class 5 Principles of...

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