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Published byTobias Baldwin Modified over 6 years ago
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How are powers divided Enumerated powers Implied powers
Inherent powers
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Supremacy Clause Concurrent Powers Reserved Powers
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Relationship of state govts to each other
* Article IV – Full faith and credit restriction * Privileges and immunities clause (also Article IV)
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Theories of the relationship between national government and the states
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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
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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).
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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
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Other ways to restrict/compel states
PREEMPTION MANDATES Medicaid, Americans with Disabilities Act (crossover sanction)
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