American Politics COMPLETE NOTES [Part 5] - I got a 4.0 in the course!

5 Pages
Unlock Document

University of Massachusetts - Boston
Political Science

February 12, 2014: Announcements: Paper due March 3, 2014 No class Monday February 17th Will have class on Tuesday February 18th (Monday schedule) I. Today’s Questions ● How and why had the national government increased its power over the states? ● How and why are the states taking power back from the federal government? ● What are the benefits and costs associated with federalism? II. Overarching themes in Federalism that we will be talking about: ● Not just one type of Federalism ● Increasing power of national government ○ Courts and Clauses ○ Carrots and Sticks ○ Crisis ● Increasing Power of States ○ Partisan makeup of Congress ○ Change in court makeup III. Types of Federalism: Dual Federalism ● Dual Federalism (1789-1937) ○ The way the Founders imagined the relationship between state and national government ● National Government ○ Infrastructure ○ Subsidies/Free land ○ Imposed tariffs ○ Created defense system ○ State government did everything else ● State Government ○ The type of government any regular person would approach with an issue, rather than the federal government ○ Overall Organization: Layer cake ■ No overlap between federal, state, and local governments ● Consequences ○ Slavery - led to Civil War (bloodiest war in US history) ○ Provided justification for Jim Crow Laws ● Growing National Power and Supreme Court Cases ● We see inklings that this system was threatened by federal power at this time Key Supreme Court Cases in Dual Federalism ● McCulloch v. Maryland (1819) ○ National bank established ○ Cautious fiscal policy = HIGH interest rates ○ Maryland hates the national bank because of high interest rates, so they pass a law to tax this bank ■ Can the Federal Government establish this national bank? ■ Does federal law trump state law? ○ Decision ■ Supreme Court is in favor of the federal government in this case ■ Liberal interpretation of two clauses: ● Necessary and Proper clause ● Supremacy Clause ■ The power to tax is the power to destroy ● Justice Marshall ● Says Maryland does not have the power to place a tax on an institution of the federal government ● Gibbons v. Ogden (1824) ○ Rival steamboat companies operating on the Hudson River ○ Ogden: wanted New York state to have the monopoly of operation on the Hudson River ○ Gibbons sues ○ Decision ■ Liberal understand of interstate commerce again ■ In economic matters, federal law will always trump state law IV. Cooperative Federalism (1937-1975) ● Definition: ○ Use of monetary carrots encourages states to pursue national goals ○ More involvement in the environment, education, the economy etc.. ○ Gives money to the states so they will implement and enforce federal goals ● Origins: ○ Began around the time of the Great Depression ○ Mechanisms: ■ Use of Categorical Grants ● Grants which provide money to state and local governments with the understanding that the money is going to be used to achieve some national goal or solve problems that the government has decided to deal with ● Spending Clause of the Constitutional: authority to tax and spend for the general welfare of the united states ○ Vague clause (another vague clause!) Key Supreme Court Cases in Cooperative Federalism ● Wickard v. Filburn (1942) ○ Agricultural Adjustment Act ■ Regulate Amount of Wheat - increase price and assists farmers ■ Filburn produces excess (too much) wheat ■ Filburn is fined ■ Filburn sues, arguing that Congress does not have power to regulate privately produced wheat for private consumption and does not affect interstate commerce ■ Decision: ● Supreme Court rules, again, in favor of the federal government ● Says that Filburn cannot produce more wheat than legally allowed because in some way, it will affect overall interstate co
More Less

Related notes for POLSCI 101

Log In


Don't have an account?

Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.