Notes 9/16 7th period

Chapter four!

Federalism

All political systems evaluated according to geographic distribution of power.
A unitary system is one that concentrates all policy making powers in one central geographic place.
A confederal system spreads power among many sub-units (states) with a weak central government.
A Federal system divides power between central, National government, and sub-units.

Federal system is two or more governments exercise power and authority over the same people and territory. In the united states government power is divided and shared between National government and the sub-national units called states.
1) The US constitution defines only powers granted to national government and all other powers reserved to
states. (10th amendment)

A Federal system led 2 contradictory interpretations of what Federalism was.

Dual Federalism

Supremacy of states rights and the the constitution as a compact between sovereign states.
Implies existence of layers of government, each with powers in their own spheres. Powers not mixed.
1) National Government only rules by enumerated powers.
2) National government limited is set constitutional purposes (despite implied powers).
3) Relationship between national government and states is characterized by tension and the states are
viewed as powerful components of federal system. They are equal in some respects with the national
government.
4) Characterizes how American government functioned from 1789-1933.


Cooperative Federalism

Sees the constitution as agreement made by people and citizens of both the state and the nation and the states and the national government as intertwined and not separate spheres.
Emphasizes intermingling of government activities at different and in various spheres.
1) National and state government agencies undertake functions jointly.
2) Nation and sates routinely share power.
3) Power isn't concentrated at any level of government.
4) Stresses role of national government supported by an expansive view of Supremacy Clause.

The critical difference between these theories is the way they interrupt sections of the constitution. 10th amendment (elastic clause.)
1) 10th amendment "power not delegated to US by constitution nor prohibited by it to the states are
reserved to states respectively to the people."
2) Elastic Clause section of constitution from which concept of implied powers- which are the powers
not spelled out but expected to be asserted by national government to carry out its enumerated
responsibilities- derived.

Relationship between national and state governments shifted over time. The National Government used legislation, judicial interpretation, and incentives and sanctions to shift balance in the nation and state. The legislation shift balance and the Elastic Clause allows the legislation "necessary and proper" functioning of the national government to be adopted and allowed the role of the government to grow.