How are powers divided Enumerated powers Implied powers Inherent powers

Supremacy Clause Concurrent Powers Reserved Powers

Relationship of state govts to each other * Article IV – Full faith and credit restriction * Privileges and immunities clause (also Article IV)

Theories of the relationship between national government and the states

DUAL SOVEREIGNTY 1. national govt rules by enumerated powers only 2. national govt has limited set of constitutionally granted powers 3. each government unit is sovereign within its sphere 4. relationship between states/nat govt is characterized by TENSION

COOPERATIVE FEDERALISM Marble cake metaphor Sharing of responsibilities and policy assignments, cooperation not just tension (e.g. after 9/11, national govt asked state and local govts to help investigate suspected terrorists).

Fiscal federalism- grants to state and local gov’t’s are instruments by which national gov’t both aids and influences states and localities. TYPES OF GRANTS Categorical – formula and project Block

Other ways to restrict/compel states PREEMPTION MANDATES Medicaid, Americans with Disabilities Act (crossover sanction)