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Under the Articles, U.S. was a confederation.

Could not be unitary system like Great Britain.

Chose a federal system.

National and state governments share power.

National and state governments get power from people.

 
 
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± the expressed powers of Congress that are itemized and
numbered 1 -18 in Article I, Section 8 of the Constitution
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± the powers that Congress needs to execute its enumerated
powers; given to them by the @
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D elastic´ clause)
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± when national and state laws conflict, the national laws will
be followed
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± powers that both the national government and the states
have
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± powers that belong strictly to the states by the 10th
amendment
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States must give full faith and credit to other states.

Privileges and immunities clause guarantees equality.

States are required to extradite criminals.

States work together through interstate compacts.


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üelped define balance of state-federal power

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v. i
@D1819)

Confirmed the supremacy of national over state

government and established a looser view of the term
necessary and proper´

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Gstablished national authority over interstate business

using the commerce clause´

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± National and state governments act separately from each
other and carry out functions independently Dlayer cake)
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± National and state governments are interdependent
Dmarble cake)
± Gxamples New Deal, Great Society
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New Federalism defined by return to state power.

President Ronald Reagan was a pioneer.

Also seen in the 1994 Republican takeover of the üouse of

Representatives ± Devolution Revolution´

1995 Passage of law attempting to end unfunded mandates.

1996 Overhaul of welfare system; created Temporary Assistance

for Needy Families

President George W. Bush departs from this trend.

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Court has played significant role in defining federalism.

Idea of new judicial federalism.´

Issue areas such as sovereign immunity and abortion.

Rehnquist Court initially seemed pro-states.

Court struck down the use of the Commerce Clause to justify

increased congressional power in several high profile cases ±
example U.S. v. Lopez

More recent decisions were mixed.

Uncertainty exists about direction of Roberts Court.

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0 Supreme Court
± U.S. v. Lopez Dguns)
± Gonzalez v. Raich Dmedical marijuana)
± Gonzalez v. Oregon Dphysician-assisted
suicide)
0 Congress
± Americans with Disabilities Act of 1990
± No Child Left Behind Act
AV- Access to Abortion

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Figure 3.1- Governments in the U.S.

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Figure 3.2- Systems of Government

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Figure 3.3- Distribution of Power

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Figure 3.4- Supreme Court and Federalism

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Table 3.1- Compacts by the Numbers

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