Outline: Federalism Examples Federalism and the Constitution The Powers of the Nation and the States Three Eras and Theories of Federalism Ideology and.

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Presentation transcript:

Outline: Federalism Examples Federalism and the Constitution The Powers of the Nation and the States Three Eras and Theories of Federalism Ideology and Federalism Pre-emption

Federalism: Examples Drinking age Speed limits

Federalism and the Constitution Types of systems Unitary Confederacy Federal Combines ideals of unity and diversity

The Powers of the Nation and the States Enumerated Powers Article I, Section 8 Article I, Section 10 Article VI “This Constitution, and the Laws of the United States…shall be the supreme Law of the Land”

The Powers of the Nation and the States Implied powers Article I, Section 8 Elastic Clause (i.e., “necessary and proper” clause)

The Powers of the Nation and the States Reserved Powers Tenth amendment “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States….”

The Powers of the Nation and the States Views on federalism Anti-Federalists Federalists

Three Eras and Theories States v. national rights ( ) McCulloch v. Maryland Dred Scott

Three Eras and Theories Dual Federalism Layer Cake analogy Cooperative (Shared) Federalism 1937-current (?) Marble Cake analogy

Ideology and Federalism Liberals Conservatives

Pre-emption The invalidation of state laws by national laws

Pre-emption