Pol S 300 Notes - Final 27/08/2007 14:50:00 ← ←...

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Unformatted text preview: Final 27/08/2007 14:50:00 ← ← Federalism ← 1. Political safeguards approach – suggests that Federalism should be maintained by certain provisions in the constitution into the state and Federal process. • Article 1 the way the house and senate is constructed makes it necessary that the states are involved in the political process. • Parts of the constitution that make it necessary for the states to be involved. ← 2. Judicial safeguards approach –in the relationship between the state and federal. the federal govt. has advantages • South Dakota v. Dole – fed. Govt. said unless you raise your drinking age we won’t fund your interstate highways, kind of bullying them to conform to federal laws and regulations. o Interviend via the 10 th /11 th amendment 10 th - All powers not given to the federal govt. is reserved to the state govt. 11 th – state sovereignty (political power/authority) protect state govt. form federal action through judicial branch ← ← Federalist Period (1787-Civil War) • characterized by the expansion of the federal government. ← Duel Federalism (Civil war – New Deal) • Federal and state power is equal in power ← Cooperative Federalism (New Deal – 1970’s) • Idea that the federal govt. is stronger and more powerful but the states realized they need the fed to regulate the economy ← The New Federalism (1970’s- ) • ← ← When courts hear federalists cases • Interstate Commerce Clause/ Necessary and Proper Clause - • Taxing and Spending Clause - • 14th Amendment, Equal protection clause/ DUE PROCESS clause/privileges and immunities clause – o has section that says, congress has the power to pass subsequent legislation • 10 th /11 th amendments ← ← ← Commerce • U.S v. E.C Knight Co. (1895) o Made it illegal to enter into a monopoly (trust) Congress can make a law like this. Manufacturing is not commerce so it is ok This is a narrow reading of the ICC • Hammer v. Daggenhart (1918) o Response to the Keithen-Owen Act Prohibited the interstate shipment of products that are made using child labor In congress exceeding its power? No, they do have the power to regulate commerce, products are not commerce Is it a violation under the 10 th amendment? Yes, ← Taxing and Spending • Pollock v. Farmers Loan & Insurance Co. (1895) o Taxing Bonds that were held in the loan and trust co....
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This note was uploaded on 04/07/2008 for the course MUS 362 taught by Professor Young during the Fall '07 term at Washington State University .

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Pol S 300 Notes - Final 27/08/2007 14:50:00 ← ←...

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