DOC PREVIEW
SC POLI 365 - Federalism in The Constitution

This preview shows page 1 out of 3 pages.

Save
View full document
View full document
Premium Document
Do you want full access? Go Premium and unlock all 3 pages.
Access to all documents
Download any document
Ad free experience
Premium Document
Do you want full access? Go Premium and unlock all 3 pages.
Access to all documents
Download any document
Ad free experience

Unformatted text preview:

POLI 365 1nd Edition Lecture 4 Outline of Last Lecture I. Advantages of State Control II. Disadvantages of State ControlIII. Government pre-1776IV. Articles of Confederation Outline of Current Lecture I. Federalism in The Constitution II. Notes about Federalism within The ConstitutionIII. Types of FederalismCurrent LectureI. Federalism in The Constitution a. Article I, Section 8i. Lists powers given to Congress1. Congress shall have the power to lay and collect taxes, regulate commerce, coin money, raise and support armies, provide for the collective defensea. The above powers are expressed powers, that is, they give the federal government jurisdictional rights. 2. Commerce Clausea. Congress shall have the power to regulate commerce between states and within foreign nations b. Article I, Section 10i. Lists powers denied to the states1. The states cannot coin money, tax imports or exports etc.c. Amendments 1-9i. Lists limits on the federal government’s powerThese notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.1. 9th Amendment states that there is not a complete lists of the things the federal government cannot do2. 10th Amendment reserves power that is not specifically given to the federal government to the statesd. Necessary and Proper Clause- “The Elastic Clause”i. Congress shall have the power to make laws necessary and proper for using their explicit powers1. Power that is not expressly given to Congress is implied powere. Supremacy Clause i. States that federal law trumps state and local law f. Full Faith and Credit Clause i. Generally, states need to recognize legal and judicial proceedings from other states ex: marriage g. 16th Amendmenti. Congress shall have the power to lay and collect taxes on personal incomeh. 14th Amendmenti. This amendment was intended to protect newly freed slaves from discrimination within their states. It gave citizenship to all persons born ornaturalized within the US. It also stated that as citizens of the federal government, our national citizenship entitles us to rights within our own states1. Selective incorporation: the process by which protections in the Bill of Rights were incorporated into the 14th Amendment, this giving citizens protection from state infringement on rights, as wellas protection from the federal government II. Notes about Federalism within The Constitution a. The Constitution was written with the intent to limit the powers of the federal government, but in more recent years, through the use of the Commerce Clause and the Necessary and Proper Clause, Congress has greatly expanded their powers. i. US v. Lopez (1995)1. Congress argued for gun-free school zones by using the CommerceClause. They argues that a good education was necessary to compete in trade and the marketplace, and because safety is necessary to good education, there should be gun-free zones around schools a. In this case, the Supreme Court denied Congress, but they usually say yes in these situations where Congress utilizes the Commerce, and Necessary and Proper Clause. III. Types of Federalism a. Dual Federalism (1787-1932)i. In dual federalism, the powers of the federal and state governments are clearly separated; picture a layered cake, where each layer is clearly separate from the otherb. Cooperative Federalism i. In cooperative federalism, the powers of the federal and state governments are intertwined; picture a marble cake, where the different types of cake are mixed


View Full Document
Download Federalism in The Constitution
Our administrator received your request to download this document. We will send you the file to your email shortly.
Loading Unlocking...
Login

Join to view Federalism in The Constitution and access 3M+ class-specific study document.

or
We will never post anything without your permission.
Don't have an account?
Sign Up

Join to view Federalism in The Constitution 2 2 and access 3M+ class-specific study document.

or

By creating an account you agree to our Privacy Policy and Terms Of Use

Already a member?