Dual (A) or Cooperative (B) Federalism-

Page 1: Dual Federalism or Cooperative Federalism

Dual Federalism examples:

• The national government rules by enumerated powers only.

  • The national government may rule only by using powers specifically listed in the Constitution.

• The national government has a limited set of constitutional purposes.

  • The national government has only limited purposes.

• Each government unit - nation and state - is sovereign within its sphere.

  • National and state governments are sovereign in their own spheres.

• The relationship between nation and states is best characterized by tension rather than cooperation.

  • The relationships between the state and national governments are marked by tension.

• Printz V. United States, (1997) the Court held that the national government could not directly require state law enforcement officers to conduct background checks under the Brady firearms legislation.

• Only the federal government can regulate interstate commerce.

• The U.S. government prior to the Civil War.

• Only Congress can declare war.

• Only the federal government can negotiate and ratify treaties.

• Layer Cake Federalism.

• Secessionists belief that only states should have had the power to determine whether or not they had a system of slavery.

• Federal Government's use of the 14th Amendment to dictate Civil Rights legislation.

Cooperative Federalism examples:

• National and state agencies typically undertake government functions jointly rather than exclusively.

• The nation and states routinely share power.

• The Federal Government provides states with a block grant to fund welfare with a few minimum requirements; however, states implement welfare with much discretion in determining its exact guidelines.

• Power is not concentrated at any government level or in any agency.

  • The fragmentation of responsibilities gives people and groups access to many venues of influence.

• The Clean Water Act (CWA) is the primary federal law in the United States governing water pollution. Passed in 1972, the act established the goals of eliminating releases of high amounts of toxic substances into water, eliminating additional water pollution by 1985, etc however, it's largely implemented by state officials.

• Both state and national governments can levy an income tax.

• Marble Cake Federalism.

• The U.S. from 1930s to the present.

• The Federal Government's implementation of No Child Left Behind.

• Federal Grants-in-Aid (Categorical/Block Grants) The broad interpretation of the Supremacy Clause, Necessary and Proper Clause, and Commerce Clause has led to greater emphasis on.

• Concepts of "New Federalism" & "Devolution" fall more in line with.

• Lyndon B. Johnson's Great Society program in which the federal government provided aid to states to finance city reconstruction, education, and to create programs to fight poverty.

• The building of the interstate highway system in the 1950s and 1960s.