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Three Key Government Systems:
Confederate, Federal, Unitary
Confederate System
State governments hold most power
Federal System
Power shared between national and state governments
Unitary System
National government controls most decisions
Federalism
A system where power is divided between a national government and regional (state) governments
Tenth Amendment
Any power not specifically delegated to the federal government is reserved to the states
Distribution of Powers
Enumerated Powers (Federal)
Coin Money |
Declare War |
Regulate Interstate Commerce |
Foreign Treaties |
Concurrent Powers (Both)
Taxation |
Law Enforcement |
Borrowing Money |
Establishing Courts |
Reserved Powers (State)
Public Schools |
Conducting Elections |
Licensing (Marriage/Driver) |
Health/Safety/Police |
Required Supreme Court Case: McCulloch v. Maryland (1819)
The Facts
* Maryland tried to tax the Second Bank of the U.S.
The Ruling
1. Congress has implied power to create the bank (Necessary & Proper Clause)
2. States cannot tax federal entities (Supremacy Clause)
Required Supreme Court Case: United States v. Lopez (1995)
The Facts
* A student brought a gun to school, violating the "Gun-Free School Zones Act"
The Ruling
* Congress exceeded its authority under the Commerce Clause
* Carrying a gun in a school zone is not an economic activity
* This returned power to the states
New Federalism
Giving more power to the states (conservative principal since the 70s)
Categorical Grants
Money given to states for a specific, narrow purpose
Example: Highway funding
Often come with "strings attached"
Block Grants
* Money given for broad policy areas
* Gives states more flexibility
* Example: Social Services
Mandates
* Federal requirements states must follow
* If "unfunded," states must pay for it themselves
* Example: ADA compliance