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Federalism: Division of power, but shared between central and state gov't. State level has isown smaller groups (County, city, townships, municipalities

Definition: Divided sovereignty in which the national government shares power with state and local

units of gov't. State units of gov't receive partial jurisdiction over policy matter and institutional

protection (constitution 10th amendment)

Federalism is used because of efficiency , the public much more connected to gov't, flexibility allowing

the gov't to respond to specific needs, helps secure liberty that anti-feds were worried about it.

Ex: Women's suffrage; first started with women, then women went to states, especially western states

for suffrage.

Ex: State gov't limit rights, Central gov't had to step in - Jim Crow laws limited African American

freedom, central gov't had to intervene to ensure rights for A.A.

There must be a provision for more than one level of gov't to act on the same territory and

on the same citizens.

1.

Each gov't must have its own authority and power though they may overlap. When federal

law is supreme under the constitution, when state and federal authorities conflict.

2.

Neither level of government can abolish the other3.

3 characters of federal system (James Wilson idea of federalism)

See Handout with bar graphs

Read over!!!!!!!

Federal gov't on external objects. (import, export, taxation, treaties, war & peace, defense) # 23

State Gov't - ordinary state of affairs, internal order (lives of citizens, improvement) #45

MADISON'S POSITION ON DIVIDED SOVERGINTY

Federalist view

Federal Gov't should be involved in day to day activities, while state handles that.1.

During times of war and danger, the federal gov't take control.2.

Limited but necessary and proper national and state powersa.

Federalist View1.

Power not delegated to US gov't by constitution are under authority of States1)

Amendment 10 on states rightsa.

Anti-Fed2.

PARTIAL JURISDICTION

Allow national gov't to increase or decrease power at will. Written to all union to survive.

McCulloch V. Maryland

Elastic Clause:

June 30 2010Wednesday, June 30, 2010

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Government AP course Page 1

http://en.wikipedia.org/wiki/McCulloch_v._Maryland#Supreme_Court_decision

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http://en.wikipedia.org/wiki/McCulloch_v._Maryland#Supreme_Court_decision

Maryland doesnt have the authority to tax everyone in Americaa.

Bank was creation of congress, State gov't could not impede the operation of such an

institute. Tax bank wil l take away resources from all people.

1.

Gov't: effort to shift funds, authority, responsibility to state, in an effort to manage the gov'tgrant systema.

1968 to present1.

Contemporary/New Federalism -marble cake

Reduce povertya.

Housing, foodb.

Educationc.

Free money to statesa)

Federal grant given to state and local gov't that often require

matching funds, as well as state and local gov to adhere to specific

federal guidelines. Can only be used for certain things, must meet

prerequisites.

A)Categorical: Least liberal, most stricti)

Block: Federal grant given to states that specifies areas of use (education,

healthcare) allowed to use money in anyway for a specific area.

ii)

Revenue sharing: Most relaxed, permissive - non specific grantiii)

3 Types of grants and aidsb)

Grants and aidd.

More regulations on all statese.

Great society1.

Fed gov't isnt waiting for state gov to regulate itsel f2.

1960 to 19681.

Creative/Shared Federalism - marble cake

Comes mostly from great depression, Gov't seen as a hero for trying to restart american

economy with New deal

a.

Assist states, fed gov involved in state activitiesb.

1901 to 19601.

Cooperate federalism - marble cake

1789 to 19011.

Dual Federalism - layer cake -

Court showcasing participation in the gov't. Proved checks and balances

Government AP course Page 2

http://en.wikipedia.org/wiki/McCulloch_v._Maryland#Supreme_Court_decisionhttp://en.wikipedia.org/wiki/McCulloch_v._Maryland#Supreme_Court_decision