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FEDERALISM Federalism • What is it? • Confederacy v. Unitary v. Federal Why Federalism? • Protecting Liberty • Moderate Power of Government • Strengthen the Union Different Powers • Enumerated – 17 powers in I, 8 – Art. VI—Supremacy Clause • Implied – I, 8 – “Make all laws which shall be necessary and proper for carrying into execution the foregoing powers” • Reserved – 10th Amendment Era 1: National Rules (1789-1865) • McCulloch v. Maryland (1819) – Jefferson v. Hamilton – 1791, 1811, 1816 • Gibbons v. Ogden (1824) • Calhoun and Nullification • Dred Scott (1857) – Missouri Compromise Era 2: Dual Federalism (1865-1937) • • • • • Industrial Revolution Business State supremacy with race Business supremacy with commerce Plessy v. Ferguson (1896) Commerce clause problems – Transportation v. manufacture • FDR and the New Deal – 1937 Supreme Court proposal – Owen Roberts: Switch in time that saved nine Today: Let’s Eat Cake! Today • Trends – Expansion of national authority – Devolution • Cooperative federalism • Funding, administration, determination Show Me the Money! • Grants-in-aid – Categorical v. block So How Have We Devolved? • Republican Revolution – Reduce unfunded mandates – Welfare Reform Act (1996) • United States v. Lopez (1995) • Printz v. United States (1997) Questions for Thursday • How should federal, state, local interact? • Which level of government do you trust the most? • What was Jefferson Davis trying to say? • What about The Federal Farmer?