notes from today 9/18

2) judcial interpretation:
--Const.'s commerce clause has been a vehicle through depending on whether the word commerce was interpretated broadly or narrowly. Supreme Court --> boradly, to give the natl govt more power.
US vs Lopez in 1995--> narrowly

3)Monetary incentives granted by the natl govt can also shift the balance by causing states t conform to the desires of Congress in order to get money from the natl govt

Grant Aid- money paid by 1 level of govt to another to be spent on a specific purpose
--Categorical grant-targeted for specific purposes, fed. grants to states for disaster assistance.
restrictions on the use leave little discretion to the govt receiving the grant
FORMULA GRANT and PROJECT GRANT

Block Grant- awarded for more general purposes such as community development

McCulloch vs Maryland:
1. supported doctrine of implied powers
2. supported national supremacy clause

New Federalism- Nixon--cutting back on categorical grants to the states
1. preemption is power of Congress to eact laws that assume total or partial responsibility for a state govt function
MANDATE- require states to undertake an activity or provide a service in keeping within a minimum natl standard.

RESTRAINT- forbid state govt to xercise certain powers; Bus Regulatory Reform Act of 1982

Unfunded Mandate Relief Act 1995- required cost analysis of legis. and Congress must hold a separate vote spefically imposing a requiement on other govts w/o providing money to fulfill that requirement

federal system made up of sub-natl govts
POSITIVE POTENTIAL- localized govt closer to people, more opp. for participation, greater leeway for small scale xperimentation, increase possibility of responding to diversity

NEGATIVE- may lack resources for local probs, complexity may confuse people, organized interests may allow for tyranny of the majority, conflicting standards and laws