Constitutional Structure of American Federalism
3 constitutional powers allow the federal system 2 expand the gov’s power 2 meet the needs of a modern nation in a global economy. * Expansion Rests on 4 pillars 1. National Supremacy Article 2. War power 3. Commerce clause 4. Power 2 tax/ spend 4 gen. welfare
Interpreting Federalism * Mulloch vs. Maryland: under the Necessary And Proper Clause- the fed. Gov. has implied powers * The constitutional established supremacy as the fed. Gov. (preemption- when fed. Law or regulation precludes enforcement of state/loc. Law or regulations.) * So, you can’t tax a federal entity. * Local is less competitive, and less likely to represent ethnicity.
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Gov. 3. “Our federalism” thnx 2 R.Reagan, power of fed gov is ltd in favor of broad powers reserved 2 the states. Total # of gov’s in USA- 87,900 :O Why Federalism? * It checks the growth of tyranny (fed. #10) * Allows unity w/out uniformity * National parties don’t have to nitpick details in probs (citizens figure it out) * Encourages experiments govs giv gr8 labs (training) * Keeps gov close 2 the ppl+ involved Articles of Confederation- basic facts * Ratified in 1781 * Represented by- delegates appointed/paid removable by state legis.-->messengers of state. * Gov funded by states whenever * Tried 2 set up gov sys during rev. Branches * Exec- (king queen) legis. Had a prez, no chief * Legis- 1 hours, each state w/ 1 vote(parliament) * Judic-none (common law courts) ex: UN (scared of Eng gov, so did something completely diff basically) * Each state(colony was indep.) * What Congress Could… Do | Not Do | | Regulate commerce (trade price) *Collect taxes Prohibit states from conducted foreign affairs Est. a draft of soldiers Est. a nat. of commerce sys (no exchange rate in states) Force states 2 comply w/laws Collect $ from states/serv. | Shay’s Rebellion * Led an army of 2500 farmers hit by depression/clashed w/militia * - Gov. called 4 assist. From cent. Gov, BUT no one would help MA 1. Each month, he’s fighting so can’t pay