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I. What is Federalism A. A way of organizing a nation so that two or more levels of government share authority 1. A rare, but not unique form of government 2. Unitary governments are more common
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Advantages of FederalismDisadvantages Encourages diversity in local government Avoids concentration of political power Accommodated already exiting state governments States serve as training grounds for national leaders Keeps government close to the people The Constitution is not always clear about distribution of powers. Multiple levels of government make governing more complex. Duplication of offices and functions Conflicts of authority
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II. Division of Powers A.The Supremacy Clause says that laws of the national government will remain law of the land. B.However the constitution does not specifically state what the limits of the federal government are. C.The 10 th Amendment provides part of the answer. 1. The Supreme court has vacillated on the issue.
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III. Establishing National Supremacy A.McCulloch v. Maryland (Implied powers) B.Gibbons V. Ogden (Commerce Powers) C.The Civil War D.Brown V. Board of Education Federal Powers State Powers
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IV. Full Faith and Credit A.States must give “full faith and credit to public records, and civil judicial proceedings of every other state” 1. Usually not a problem but gay marriage has become a hot button issue.
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V. Eras of Federalism A.Dual Federalism (Layer Cake) -Both the national government and the states remain supreme in their own spheres. - Enumerated powers go to the federal government while reserved powers go to the states.
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B. Cooperative/Shared Federalism (Marble Cake) -The federal government becomes more intrusive in what was the domain of the states. (New Deal Era)
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C. Creative Federalism (Great Society) -Sharing of the costs for programs that would typically fall under the purview of state control -Guidelines and rules set down by the federal government in order for states to reap the benefits.
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D. Competitive Federalism/New Federalism (Nixon-Reagan-Bush) -Aimed to decentralize many Great Society Programs. -Offered states a piece of the marble cake with a promise to develop programs on their own Example: Clean Air Act of 1970
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VI. Fiscal Federalism A. How much money is appropriated by the federal government to the states, under what conditions, and what the states can do with these funds
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1.Categorical Grant- Heavily regulated. 2.Block Grants- few restrictions 3.Project- creates competition 4.Formula- formulas define how money will be distributed. Video: http://www.hippocampus.org/homework- help/American- Government/American%20Federalism_Fiscal%2 0Federalism.html
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B. Mandates 1.When the federal government requires that the states do something it is known as a mandate. A.Sometimes requires states to do something with out giving them money to do so (unfunded mandate)
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