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Federalism in US Government: Lecture Notes

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Gov Chapter 3
Why does federalism matters
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During obamas presidency texas sued the national government nealy 50 times
What is federalism?
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A system of government in which power is divided between a central government and regional
governments
o This has steered up many political diputes
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Federalism
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Allows a lot of flexibility and policy experimentation
Prevents overreach as states and the federal gov. Check each other's powers
Harder for the government to act in a clear and uniform manner
The government is closer to the people
Greater accountibility for gov
Centralized government
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At times state governments were not responsive to the needs of their people and the federal
government had to step in
There is value in having uniform policies throughout the nation
- Government distrust in bad for a nation in order to get shit done -
Federalism in the constitution
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Under the articles of confederation, the national government had limited power
The national government is sovereign deriving its power from the people
o The supremacy clause states that the constitution is the supreme law of the land
 Prevented state from acting in ways that was inconsistent with the US
Constitution
 Increased national power (really regards with defense and foreign policy)
The 10th amendment protects states from over expantion of national power
o States derive their sovereignty form the people and state constitutions
o States have their own sepeprate powers and resposibilities
Elastic Clause provides support for implied national powers
o The FULL FAITH AND CREDIT CLAUSE declares that each state must recognize the “public
acts, records, and judicial proceedings of every other state”
 Public policy exception
Early constitutional debates
The controversy over the federal system divided Americans
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Nullification Crisis in 1833
McCulloch v. Maryland (1819) and Gibbons v. Ogden (1824)
Chief justice Marshall played a prominent role in expanding the power of the national government
Federalism in the constitution: The civil War Amendments and increased national power
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End of civil war started the Era of Reconstruction
o Oeriod during which the south was under military occupation, endind the remnats od
confederate secession and abolishing slavery
o Can a state secede from the union?
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