POLS 1101 1st EditionLecture 3 Outline of Last LectureI. Articles of Confederation II. Federalists & Anti-FederalistsIII. Constitutional ConventionIV. The Connecticut CompriseV. Madison's View of FactionsVI. The Bill of RightsVII. Changing the Constitution VIII. FederalismIX. Checks and BalancesOutline of Current LectureI. Different Divison of PowersII. Federalism in the U.S.III. The Elastic ClauseIV. Supremacy ClauseV. National Power & the Supreme CourtVI. is National Authority BindingVII. AmendmentsVIII. Drinking AgeCurrent LectureAmerican Federalism Different Divisions of Power- Confederations (Only lower level has power)-The high level has to get approval from the lower level. Only lower level has power.- Unitary System (Only high level has power)-The lower level has to get permission from higher level on everything. - Federalism (Power is equal)-Governing power is shared between both national and state governments. -Federalism in the U.S.- States are coequal with the national government. -Dual sovereignty- 10th Amendment: powers “not delegated to the U.S… are reserved to the states… or the people.”The Elastic Clause- Enumerated powers: defense and promotion of stable economy.-Built into national government - Necessary and proper clause- “To make all laws which shall be necessary and proper for carrying into execution the foregoing powers…” - What is necessary and proper?-Appropriate or indispensable? (Have to do this)- Extend enumerated powersSupremacy Clause- National laws are supreme.-Example: If the federal government wanted to close a marijuana store in California, theycould override in Cali law and close it down.- State laws must comply.- Supreme Court generally sides with national government National Power and the Supreme Court: 1789-1865- Early Court Decisions:-McCulloch v. Maryland (1819)- established implied powers and national supremacy. (National government put a bank in Maryland. State of Maryland wanted to tax the bank. Court decided that National shouldn’t be taxed)- Gibbons v. Ogden (1824) – established interstate commerce clause(Any thing that deals with the trade between states deals with national government.)Is National Authority Binding-John C. Calhoun was vice president twice for Andrew Jackson and _______. Calhoun was replaced as VP for Jackson because they didn’t agree on ____- ”Doctrine of nullification.” (A state doesn’t have to follow a national law, if they didn’t agree with it.)- Dred Scott decision (Worst court case in history)- Civil WarAmendments- Alteration of Constitution favoring national government-Civil War amendments (Weaken the power of state and strengthen the power of national government)- 16th Amendment (Allows the government to spend money anyway it need to be spent. Before the national government could only spend what was raise and use it in proportions.)17th Amendment (Senators were directly elected from people instead of state legislators)1865-1930s- Supreme Court rulings:-Plessy v. Ferguson- separate but equal-Lochner v. New York– states don’t have right to regulate child labor1930s-present: Shared Federalism and Nationalization- FDR is elected into office-Great Depression mandate.- ”A switch in time that saved nine…” (No one was replaced but added. ‘Switch” means the judges started switching their decisions so they won’t be replaced.)Supreme Court was constantly going against FDR and Democrat because they thought it was unconstitutionally so FDR added 6 more judges to Supreme Court- Increased role in the world economy- Since 1960s: increase in use of restrictive grants (money given to the state that has to be spent a certain way)Drinking Age- National Minimum Drinking Age Act of 1984-States must raise age of purchasing alcohol to 21.-Federal highway money (If you don’t raise age, you won’t get your highway