Poly Sci - Week 5-6

Unitary Government

system where authority is mostly concentrated in the central government

Federation

system where authority is divided between central and state governments and power is derived from the people

Confederation

authority is concentrated in the states

“Domestic Dependent Nations”

NAM tribes are classified as self-governing communities within the US that are under protection and authority from the Federal Government

Cherokee Nation v. Georgia

• Cherokee Nation sued state of Georgia because Georgia was trying to take Cherokee lands and impose its laws on the Cherokee

• Since the Cherokee Nation was not considered a foreign nation, therefore they could not hear the case

• Cherokee could not sue because they were considered a “domestic dependent nation”

Reserved Powers

powers kept for the states

• EX: states set. local gov, run elections, and regulate schools

10th Amendment

powers not given to the federal gov and not prohibited to the states are reserved to the states or the people

• EX: states have authority over many education policies

Article I section 10

lists the powers that states are NOT allowed to exercise

• EX: states cannot make treaties with foreign countries or coin their own money

Concurrent powers

powers shared by the federal and state governments

• EX: both can tax, borrow money, and create courts

Supremacy Clause

Federal laws is supreme (wins) when there is a valid conflict

• has to be acting within its constitutional authority

• if a valid federal law conflicts with a state law, the federal law prevails

Dual Federalism

• Programs and authority are clearly divided among nation, state, and local governments

• Layer cake federalism

Cooperative Federalism

• programs and authority are mixed among the national, state, and local governments

• Marble Cake Federalism

New Federalism

idea of shifting some power and responsibilities from the federal government, back to state and local governments

• EX in CA: california est. their own education policies and standards

• CA operates Medi-Cal, and has flexibility in how it administers the program

• California federalism = CA + federal gov sharing responsibilities

Bureaur of Indian Affairs (Deloria)

argues that the BIA often claimed to help NAM when in reality they were maintaining federal control over native communities

Department of Interior (Deloria)

deloria feels that the department of interior is responsible for the federal lands and natural resources

• he connects this structure to the history of the fed. government having authority over native lands and resources