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Federalism

Federalism

What's Significant?

Focus on Power/Autonomy and Cash

The Supremacy Clause

Content VI with the Constitution:

The Cosmetic and the laws of the U. S. are the " great law in the land”

Federalism—Key Questions

2. 1 . What does the " Superiority Clause” really mean?

* installment payments on your How much " power” truly does Congress (or the national government, generally) have, specifically to " regulate” interstate commerce beneath Article I actually, Section almost 8? * What " power(s)” do claims on their own have? * several. Which " level” of presidency is best-suited to handle several issues? (That is, whom should do what? ) 5. 4. Should certainly there end up being " national” standards or perhaps rules in a few areas? Which? Can this change? 5. 5. Which will level of authorities is going to be in charge of funding the ever-growing assortment of programs reacting to requirements by the persons? *

" Types” of Federalism

* " Cooperative” Federalism

* Contemporary roots in New Offer Programs;

* " Competitive” Federalism

* May be both a battle to get scarce methods (money, primarily), but also for power/responsibility * " Coercive” Federalism

* Actions dictated by national federal government (" mandates”)

McCulloch v. Maryland

(see textual content, pp. 101—102; p. 809)

2. Expansion of implied forces doctrine, giving the nationwide (federal) authorities more power; see Article I, Section almost eight (last part) * " Power to duty is capacity to destroy. ” States won't be able to take action, for example a tax, that will put the national government or perhaps its masterpieces out of existence

Federalism and the Role of Government Courts

2. Some examples of courts and Federalism:

* McCulloch v. Maryland (1819)

* Dark brown v. Board of Education (1954)

* " Voting Rights” cases—requiring some declares to take selected actions * June, 2013 decision worsening federal control

* D. C. v. Likas? (2008--gun control; but new decision not really hearing a similar New York case) * A lot of Texas cases:

5. Ruiz...

30.08.2019

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