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Learning Objectives
3.1
3.2
Learning Objectives
3.3
3.4
Learning Objectives
3.5
3.6
Learning Objectives
3.7
3.1
Coin money
Conduct foreign relations
Provide for army and navy
Declare war
Collect duties and taxes
3.1
Supremacy clause
national laws are supreme when they
conflict with state laws
3.1
3.1
3.1
3.1
Power to tax
Borrow money
Establish courts
Charter banks
Spend money for general welfare
3.1
3.1
3.1
3.1
3.1
3.1
3.1
3.2
3.2
3.2
3.2
Ruling:
Congress can regulate commercial activity
New York had no authority to grant monopoly
3.2
3.2
3.2
3.3
Dual Federalism
3.3
3.3
Nullification
States declare federal laws void if they believed it violated the
Constitution
3.3
3.3
3.3
3.3
3.3
3.3
Cooperative Federalism:
Growth of National
Government
3.4
Cooperative Federalism
Marble cake versus layer cake
3.4
Great Depression
3.4
Constitutional challenges
Many Acts declared unconstitutional
Roosevelt threatened to request appointment of More
justices (Between 4 and 6)
court packing would majority of justices that would support the
acts.
Court responded by stopping declaring future acts unconstitutional
3.4
3.4
3.4
3.4
3.5
Categorical Grants
3.5
Categorical Grants
3.5
Great Society
Lyndon Baines Johnson
War On Poverty
Wanted to combat poverty through urban
renewal, education reform and unemployment
relief
Grants used as coercion to cooperate
Money given to states, local government and
citizen action groups if necessary
Block Grants
Block grants less restrictive
3.5
Unfunded Mandates
3.5
Unfunded mandates
Federal laws that states must implement without additional
federal funding.
3.5
Programmatic Requests
Funds earmarked for specific projects within
states
Secured by lobbyists or members of Congress
for their districts
3.5
3.5
categorical grants?
3.5
Judicial Federalism
The Rehnquist Court
The Roberts Court
3.6
3.6
Appointed by Reagan
Committed to states' rights
Rolled back federal authority
U.S. v. Lopez (1995)
Supreme Court ruled that Congress could not use the
interstate commerce law to ban hand guns within 1,000 feet of a
schools.
Gun control laws were a state, not a federal issue
3.6
3.6
3.6
Progressive Federalism
3.7
Pragmatic approach
Coercion and cooperation
federal government tries to reach consensus and establish a
national standard
but, if that fails, national policy makers may embrace states' efforts
to address that policy issue.
"Free-for-all" federalism
50 state standards costly and difficult
3.7
3.7
3.7
Discussion Questions
Did the Framers intend for federal or state
governments to be supreme in the federal system?
How has the balance of power between state and
federal governments shifted? Why have these
changes occurred?