Key Concepts and Outline:

1. Types of governmental systems

-unitary

-confederal

-federal

2.  Enumerated (Expressed) powers, Implied Powers, Concurrent Powers, Reserved and Inherent powers.

3.         Tenth Amendment-Concurrent powers

4.         Supremacy clause

5.         Full Faith and credit-Article IV

6.         Land mark cases:

-McCulloch v. Maryland (1819)

-Gibbons v. Ogden (1824)

7.         National Supremacy vs. States Rights-the doctrine of nullification.

8.         Dual Federalism, Cooperative Federalism, and New Federalism

9.         Types of grants-categorical, grants-in-aid, and block grants, etc.

10.     Alternative federalism-competitive federalism.

 FEDERALISM

Federalism is defined as: Division of powers between two or more units of government – national, state, and local.   

 1.  McCulloch v. Maryland- Implied Powers,

invalidate state law, the Supremacy Clause.

Article VI, federal laws are superior to all

conflicting state and local laws.

C.J. Marshall ruled that the “necessary and proper” clause of Article 1, Section 8, encompassed “all means which are appropriate to carry out” the legitimate ends of the Constitution.

 E. The Commerce Clause- gives the federal government power ”to regulate commerce with foreign nations, & among several states, and with Indian tribes.”

  2. Gibbons v. Ogden (1824)- it established the supremacy of the national government in all matters affecting interstate commerce.

            *Issue-whether the state of NY could grant a monopoly to Robert Fulton’s Steamboat Co. to operate an exclusive service between NY & NJ.

          Ruling: C. J. Marshall argued that NY State didn’t have the power to grant a monopoly.

          Marshall redefined “interstate commerce among several states” as comprehensive.

        How did Marshall interpret the commerce clause?

        Marshall interpreted the clause very broadly.

         Did the Supreme Court continue to interpret

       “interstate commerce” in expansive terms well

        into the nineteenth century? No, if the federal government attempted to

        regulate local conditions (factory or workplace), it was violating the Police Power

        Clause. In what way, did the Court interpret the

        Commerce Clause after 1937?  Expansively, for a source of power for the

        federal government.

Doctrine of Nullification. Conflict over slave institution, especially in new states to the west brought state rights vs. national supremacy issues to a boil.

Issues of slavery was resolved by Civil War. Northern Victory meant that federal Union was indissoluble, and brought industrialization to the south.

         What are the advantages & disadvantages of

        a three-tier structure of government?

       ADV: 1) It brings the government closer to the

                 people, opportunity to participate in

                 political process.

            2) Country can experiment with new

                 policies on a small scale.

  3) A large number of governments make it

       possible for government to respond to a

       diversity of conditions.

                  Small political units can respond more

                  quickly to local conditions

     DIS:  1) Voter turnout in local elections tends to

                  be very low.

             2) Government becomes very complicated

                  and less accessible to ordinary people.

3)  People don’t have the time to Participate in elections. Therefore, promoting pluralism.

4)    States differ in resources they can devote to services. Example: Public education

-         Tennessee spent $3,503 on each child in school.

-         Wyoming = $5281

-         Montana = $4,147

-         Idaho = $3037

-         New York = $8439

5)   Diversity in policy

6)    Local interests may be able to thwart national majority in support of certain policies, i.e. Jim Crow laws.

7)    Sheer number of governments (more than 87,200)

-         1 national

-         50 state

-        87, 200 local (county, municipalities, school boards, and special districts).

Dual Federalism - layer Cake analogy 

Cooperative Federalism - Marble Cake analogy