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A way of organizing a nation so that two or more levels of government have formal authority over the land and people. |
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Power of government must equal responsibilities Changes in response to needs |
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Enumerated powers Reserved powers Implied powers |
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17 powers (Article I) secure defense & stable commerce “supremacy clause” (Article VI) Supreme law of the land |
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“necessaryandproper”clause/”elastic”clause(Art I, Sec 8) Make laws needed to carry out enumerated powers |
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10th Amendment (ratified is 1791) Powers not delegated to or prohibited by the national government are reserved to the States |
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National Defense Currency Post office Foreign affairs Interstate commerce |
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Loan and borrow money Taxation Law enforcement Charter banks Transportation |
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charter local governments Education Public safety Registration and voting Intrastate commerce |
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national sovereignty state has little or no powers citizens vote for central government officials |
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limited national powers regarding states states have sovereign powers but central gov. has some duties |
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Nation is sovereign but shares powers with states States share power with central gov. citizens vote for state and central officials |
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Nationalist view: mcCulloch v. Maryland Court ruled in favor of FEDERAL BANK!!
States' rights view: Dred Scott Decision SLAVES WERE PROPERTY, NOT CITIZENS!! |
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Dual Federalism and Laissez-Faire Capitalism |
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Precise separation of natural and state authority was both possible and desirable
No regulation by government
Plessy v. Ferguson- "separate but equal" 14th amendment |
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massive public works programs National Labor Relations Act established unions |
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Spending of federal funds on programs run through state and local governments |
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