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PLS100 lecture 3

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Political Science
PLS 100
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Chapter 3: Federalism American Federalism *Federalism: authority divided between two levels of government *Unitary Government: national government possesses all constitutional authority *In the US: divided between national and the states Conditions of Federalism 1) Same people and same territory 2) Independence 3) Mutual influence Evolving Definitions *Dual federalism: mutually exclusive spheres of sovereignty (layer cake) *Shared federalism: supply services jointly (marble cake) Expansion of Authority *Some problems necessitate a joint solution *Incentives to expand power In the Constitution *Provisions regarding federalism: -Supremacy Clause: national law takes precedence over state law when conflict arises -Powers of Congress -Elastic Clause: Gives congress authority to make all laws that are necessary and proper for carrying out enumerated powers -10th Amendment: reserves to states all powers that were not specifically denied to them or granted to national gov. in constitution Interpreting Provisions *Supreme Court as referee of disputes -Powerful precedents allowed national policy to develop free of state prerogatives *McCulloch v. Maryland (1819) *Gibbons v. Ogden (1824) *Palko v. Connecticut (1937) *Supreme Court often just as aggressive as Congress in expanding national authority over states *Nationalization -Reflects political decisions -Reflects competition of interests Logic of Nationalization *Either: a) collective action problem solving b) opportunistic political considerations Path to Nationalization *Growth, industria
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