Federalism:%20E%20pluribus%20unum

1
Federalism E pluribus unum
2
Three Forms of Center-Subsovereign Relations

• Unitary
• Federal
• Confederal

3
(No Transcript)
4
Articles vs. Constitution

• Key Federalist critique center too weak for law
  enforcement, defense and for securing interstate
  commerce.
• The proposed constitution prompted widespread
  debate arguments addressing the benefits and
  risks of federalism versus confederal
  arrangements. See Federalist and Anti-Federalist
  papers.

5
Division of Powers

• Enumerated
• Inherent
• Implied
• Reserved
• Concurrent
• Prohibited

6
Necessary and Proper Clause

• To make all Laws which shall be necessary and
  proper for carrying into Execution the foregoing
  Powers, and all other Powers vested by this
  Constitution in the Government of the United
  States, or in any Department or Officer thereof.

7
Supremacy Clause and States Rights

• Article VI, Clause 2
• This Constitution, and the Laws of the United
  Statesshall be the supreme Laws of the Land
• Amendment X
• The powers not delegated to the United States by
  the Constitution, nor prohibited by it to the
  States, are reserved to the States respectively,
  or to the people.

8
The Struggle Over States Rights

• McCulloch v. Maryland (1819)
• Gibbons v. Ogden (1824)
• Nullification (1828/32)
• Civil War (1861-5)
• Hammer v. Dagenhart (1918)
• United States v. Butler (1936)
• New Deal (1941)
• Brown v. Board of Education (1954)
• United States v. Lopez (1995)
• United States v. Morrison (2000)

9
Models of Federalism

• Dual Federalism
• Cooperative Federalism
• Picket-Fence Federalism

10
(No Transcript)
11
Trend Increased Federal Dominance