Tuesday, September 16, 2008

9/16 4th period notes

Chapter Four
Unitary system- concentrates all policy making powers in one central geographic place
Confederation- spreads power among many sub units (states) weak central government
Federalism- divides the power between central/national government and the sub units
In federalism two or more governments exercise power and authority over the same people in the same territory
US shared between national and sub units (states)- Constitution defines only the powers granted to the government- all other powers reserved to the states
Federal system has 2 contradictory interpretations
Supremacy of states rights is major focus of dual federalism- sees constitution as compact between sovereign states
Other interpretation is cooperative federalism- agreement made by people who are citizens of both state and nation- sees states and nation intertwined
Dual Federalism
“layers” of government
National government rules by enumerated powers only (10th amendment)
National government has limit of constitutional purposes
Relationship between national government and states is characterized by tensions
States are viewed as powerful components of federal system, equal in some respect to that
American government functioned like this in 1789-1933

Cooperative Federalism
“marble” cake
National and state government agencies undertake functions jointly
National and states routinely share power
Power is not concentrated at any level of government
This view stresses role of national government supported by expansive view of supremacy clause (Article VI)

Differences between Theories
Big difference is the way they interpret the two sections of the constitution- 10th amendment and the elastic clause

10th Amendment
Powers not delegated to the US by Constitution or powers not specifically outlined are reserved to the states or to the people

Elastic Clause
(Article 1 Sec. 8) implied power- is derived

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