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Understanding Federalism: Powers, Relationships, and Grants

Explore the concept of federalism, its phases, powers divided between the national government and states, and the impact of fiscal federalism through grants. Learn about interstate relations and the role of the Supreme Court in shaping federalism.

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Understanding Federalism: Powers, Relationships, and Grants

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  1. Ch. 3: Federalism • 87,576 Governments • Alternatives to Federalism: • Unitary government • Confederal government (confederation)

  2. Why Federalism? • Check on tyranny • Unity without uniformity • Encourages experimentation – “laboratories of democracy” • Government closer to the people

  3. Phases of Federalism • Dual Federalism – “layer cake” federalism • 1788-1930s • Cooperative Federalism – “marble cake” • 1930s-1960s • Creative Federalism • 1960s • Regulatory Federalism • (unfunded) Mandates

  4. Dividing Powers under Federalism • Powers of the National Government: • EXPRESS (ENUMERATED) POWERS (Art. 1, Sec. 8) • IMPLIED POWERS from the Necessary & Proper Clause • INHERENT POWERS

  5. Dividing Powers under Federalism • Powers of the States: • The 10th Amendment (reserved powers) • Powers of both Nation and States: • “Concurrent” Powers (e.g., taxation) • The Supremacy Clause

  6. Interstate Relations in the Constitution • Full Faith & Credit Clause • Privileges & Immunities Clause • Extradition • Interstate Compacts

  7. Why the power shift? • Stretching the Necessary & Proper Clause • McCulloch v. Maryland • The Interstate Commerce Clause • Commercial purposes & otherwise • The Income Tax • The 16th Amendment

  8. Fiscal Federalism: The Grants System • Why grants? • Give resources to states and locals • Establish minimum national standards • Equalize resources through redistribution • Attack national problems without increasing federal agencies

  9. Fiscal Federalism: The Grants System • 3 Types of Grants-in-aid • General Revenue Sharing, or GRS (1972-1987) • Categorical Grants • Block Grants • 2 Methods of Allocating Grants • Formula • Project

  10. Fiscal Federalism: Money as Means of Control • Cross-cutting requirements • Crossover sanctions

  11. The Supreme Court & Federalism • U.S. v. Lopez: The Gun-Free School Zones Act of 1990 • U.S. v. Morrison: The Violence Against Women Act of 1994 • Feds win again: Gonzales v. Raich • Medical Marijuana

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