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UNITARY - CONFEDERAL - FEDERAL FORMS GOVERNMENT *

UNITARY - CONFEDERAL - FEDERAL FORMS GOVERNMENT *. Confederal. Unitary. Federal. Upper Level Government. Upper Level Government. Upper Level Government. ?. Authority. Authority. Authority. Lower Level Government. Lower Level Government. Lower Level Government. Authority.

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UNITARY - CONFEDERAL - FEDERAL FORMS GOVERNMENT *

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  1. UNITARY - CONFEDERAL - FEDERAL FORMS GOVERNMENT * Confederal Unitary Federal Upper LevelGovernment Upper LevelGovernment Upper LevelGovernment ? Authority Authority Authority Lower Level Government Lower Level Government Lower Level Government Authority Authority Authority Citizens Citizens Citizens

  2. The Supremacy Clause Article VI, Section 2: "This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, any thing in the Constitution or laws of any state to the contrary notwithstanding." Return

  3. The “necessary and proper” clause Article I, Section 8: “[Congress shall have the power] To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.” Return

  4. Amendment X “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.” Return

  5. Logical problem: Implied Powers vs. Reserved Powers Implied powers of the national government, from the “necessary and proper” clause Enumerated Powers of the national government Enumerated Powers of the national government Enumerated Powers of the national government All possible Governmental Power, at every level of government Friction!! Reserved Powers of the States Amendment X Return

  6. McCulloch v. Maryland • “Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consistent with the letter and spirit of the Constitution, are constitutional.” Return

  7. The Interstate Commerce Clause • Article I, Section 8: “The Congress shall have the power to regulate commerce with foreign Nations, and among the several States, and with the Indian Tribes.” Return

  8. STATES’ RIGHTS DOCTRINE * National Government State Government “Interposition” “Nullification” Citizens

  9. 14th AMENDMENT * (Ratified in 1868) Section 1. … No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States… (emphasis added)

  10. LAYER CAKE FEDERALISM * National Government No Interactions Between Layers State Government

  11. MARBLE CAKE FEDERALISM * National Government Multiple Interactions State Government

  12. Federal Aid to States and Localities *

  13. PICKET FENCE FEDERALISM*

  14. Percent of Governmental Spending by Level of Government 1927-1943Return

  15. Growth in Federal Spending—Fiscal FederalismReturn “Great Society” Spending “New Deal” Spending

  16. Growth in Federal Spending 2—DevolutionReturn “Great Society” Spending Period of “Devolution” “New Deal” Spending

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