Chapter 3: The Challenge of Modern Federalism

The Relationship between the National Government and the States

Start Oct 5, 2011

Objective 1Reasons For a Federal SystemA. Unitary was undesirable b/c…

B. Confederate was undesirable b/c…

C. A Federal system…

1. allows unity, but not uniformity b/c…

2. Is more suitable for geographically large nation…

3. Is more suitable for heterogeneous people b/c…

4. More likely to check tyranny b/c…

5. Encourages experimentation b/c…

6. Keeps government closer to the people b/c…

“Death w/ Dignity”

Federalism: Good or Bad? William H. Riker: “the main effect of federalism since the civil war has

been to perpetuate racism.” Daniel J. Elazar: “the virtue of the federal system lies in its ability to

develop and maintain mechanisms vital to the perpetuation of the unique combination of governmental strength, political flexibility and individual liberty, which has been he central concern of American politics

How could Riker possibly suggest that federalism “perpetuates racism?” Explain.

In light of the above quotes, why would this next statement be an appropriate explanation of why Federalism can be perceived as both a good thing and a bad thing?

“Different political groups pursuing different political purposes will come to power in different places”

Objective 2 & 3

The Challenges of Modern Federalism

New York, September 2001New Orleans, August 2005

1. Explain both the reasons why the Founding Fathers chose a federal system and the existing criticism of it

2. Differentiate between Enumerated, Reserved, and Concurrent Powers

FYIFYI

Meeting the CharactersMeeting the Characters ““Legacy of 1936 Election” due MondayLegacy of 1936 Election” due Monday

Federalism & the Federalism & the ConstitutionConstitution

The Federal Government has

expressed powers specifically granted in the Constitution (tax, regulate commerce,

declare war, etc.)

Necessary & Proper

clause or “elastic clause” The 10th

Amendment

The U.S. Constitution

Art. VI

Art. I. Sec. 8

POWERSPOWERS

EnumeratedEnumerated ReservedReserved ConcurrentConcurrent

H.R. 1359 Enumerated H.R. 1359 Enumerated Powers Act Powers Act

Dual FederalismDual Federalism FoundingFounding Marshall CourtMarshall Court NullificationNullification Scott & Civil WarScott & Civil War Jim CrowJim Crow CommerceCommerce

Cooperative FederalismCooperative Federalism New DealNew Deal Great Society and Great Society and

Creative FederalismCreative Federalism NixonNixon Reagan’s New Reagan’s New

FederalismFederalism ClintonClinton BushBush

Evolution of FederalismEvolution of Federalism

3. Differentiate between Dual and 3. Differentiate between Dual and Cooperative Federalism and identify Cooperative Federalism and identify the factors that influenced this the factors that influenced this evolution. Factors may include evolution. Factors may include Supreme Court cases, historical Supreme Court cases, historical events, Presidential administrations, events, Presidential administrations, Congressional legislation, monetary Congressional legislation, monetary policy…policy…

Dual Federalism (1860’s-Dual Federalism (1860’s-1932)1932)

Federal and state governments are co-equals, Federal and state governments are co-equals, each sovereigneach sovereign

Narrow interpretationNarrow interpretation of the Constitution of the Constitution

Federal government only has jurisdiction if clear Federal government only has jurisdiction if clear expressed in the Constitution (ex: coin money, expressed in the Constitution (ex: coin money, foreign affairs)foreign affairs)

State have greater role and powers (ex: public State have greater role and powers (ex: public education, race relations)education, race relations)

What does What does duel federalismduel federalism have in common with a layer have in common with a layer

cake?cake?

The First 75 yrs: Lead Up to DualThe First 75 yrs: Lead Up to Dual

Nationalist PeriodNationalist Period Hamilton vs. JeffersonHamilton vs. Jefferson Ch. Justice MarshallCh. Justice Marshall NullificationNullification Dred ScottDred Scott American Civil WarAmerican Civil War Jim Crow LawsJim Crow Laws

The Legacy of the 1936 ElectionThe Legacy of the 1936 Election

Who is the forgotten man?Who is the forgotten man? How did FDR re-define him?How did FDR re-define him? What is the Federal Largesse?What is the Federal Largesse? How were Interest Groups related?How were Interest Groups related?

Cooperative Federalism Cooperative Federalism (1933-present)(1933-present)

National government clearly supreme over National government clearly supreme over the states with wide interpretation of the the states with wide interpretation of the “necessary and proper clause”“necessary and proper clause”

Federal government intervenes or assists in Federal government intervenes or assists in some areas traditionally left to the states (ex: some areas traditionally left to the states (ex: education, health care, civil rights, voting)education, health care, civil rights, voting)

Began with the New Deal in the 1930sBegan with the New Deal in the 1930s

What does What does cooperative federalismcooperative federalism have in common with a marble have in common with a marble

cake?cake?

The Changing Nature of The Changing Nature of Federalism: Dual vs CooperativeFederalism: Dual vs Cooperative

Cooperative ApproachCooperative Approach FDR (election of 1936)FDR (election of 1936) Brown v. BoardBrown v. Board Grant-in-AidsGrant-in-Aids Great SocietyGreat Society NixonNixon Reagan and “New Federalism”Reagan and “New Federalism” ClintonClinton GW BushGW Bush

Layer Cake vs Marble Cake

Layer cake: seemed more appropriate b/c clear division

Marble cake: seemed more appropriate b/c the lines of authority were much more mixed.

For this assignment I will need For this assignment I will need everyone's full cooperation. Once you everyone's full cooperation. Once you

are given a seat assignment please are given a seat assignment please QUIETLYQUIETLY follow theses directions follow theses directions Find the desk with your State’s Name and

number. Please put all materials under desk. Each group represents a different State Each state will receive Grant-in-Aid funding

based on specific criteria Take notes on items not listed in your packet

(red)

Friday Oct. 18 2011

Mo Money, Mo Money, Mo Money

Categorical Grants

Block Grants

Conditions of Aid

Mandates

Revenue sharing

Highway Act of 1985

NCLB

Contract with Am.

Am w/ Disb. Act

1.1. Understand how the government uses Understand how the government uses Power Power of the Purseof the Purse to impose its will on the States to impose its will on the States

2.2. Differentiate between different grant-in-aid Differentiate between different grant-in-aid programsprograms

1. State wrote up grant based on State demand and for State purposes 1800’s up to 1960’s Started with Land Grants public officials or interest groups seek $$ to help farmers, build

highways, airports, support vocational edu. Problem: When one ask for $ all must get it (“Model Cities” 1966)

2. Federal gov’t decide what they perceive to be important national needs

Power of Purse 1960’s Great Society: “Federal-aid-Junkies” = Created the “Intergovernmental Lobby” Leads to more control over $$$ by FEDERAL GOVERNMENT

States receive federal Grant-In-Aid funding based on 1 of 2 criteria: Pre-1960 & Post 1960

Step 1Distribute States “start-up” MeiserMoneyMeiserMoney

Group 1 = 2 $

Group 2 = 4 $

Group 3 = 4 $

Group 4 = 3 $

Group 5 = 5 $

Group 6 = 7 $

Group 7 = 2 $

Group 8 = 4 $

Group 9 = 4 $

Group 10 = 7 $

Group 11 = 7 $

Group 12 = 4 $

Simulation: Re-distribution of Fed. $ Using Grant-in-Aid powers

Explain Condition of Aid

“Strings” attached – Rules States must follow to get grant $$

Ex. Highway Act of 1984 Use Power of Purse to enforce National Drinking Age States get Federal $ to help w/ highway construction

and development Condition of Aid

States would lose 5% of federal Highway funds in 1986, and 10% every year after if it did not follow the National mandate requiring States to adopt 21yr old drinking age

1996 Louisiana challenged = Clinton said it would lose 17mil if not comply

Step 2Categorical Grant

$$ given for specific purpose defined by federal law build airport, welfare payments to low-income mothers

( AFDC), urban renewal Require matching funds (Federal Highway program:

D.C. 90%, States 10%) States complain b/c grant program too specific = hard

to adapt federal grants to local needs Ex = mayor wants $ for park can only get it through

Categorical Grant requiring him to launch Urban renewal program that included the “string” of bulldozing several blocks of housing or small businesses

Life & Death for State Agencies

Distribute $$ Candy

Categorical Grants w/ Condition of Aid 1. Airport 6 ( sing Yankee doodle dandy or

Rudolph the Red nose Reindeer)

2. Dormitory 6 (Research the historical significance of Coshocton and present your information to the class in the form of a Power Point) - 5 if fail to comply)

3. Welfare Payment 4 ( 5 pushups/sit-ups/jumping jacks)

4. Park 8 (repeat: Mr. Meiser is the Greatest Teacher who ever lived, and I thank my lucky stars I was fortunate enough to have him for 2 yrs --- -5 if fail to comply

5. Baseball Stadium 6 (recite the Constitution Pledge using YOUR handy dandy pocket constitution)

6. Urban Renewal 4 name the 3rd, 17th, and 26th Amendments -3 if fail to comply

7. Highway system 4 What does LEJSASR stand for -3 if fail to comply

8. Airport 2 Do the Soulja Boy Or Dougie in front of the class. If you do not know this, do the Hokey Poky -3 if fail to comply

9. School Program 4 (Come in and erase my white board before or after school this week)

10. DARE 2 ( make a noise like a barnyard animal 5 times)

11. Sanitation 6 ( Get Torrie to make those cupcakes again for the class)

Explanation of Block Grant

Grants to states for programs in specific areas for general purpose rather than specific kinds of programs

Usually combine a bunch of Categorical Grants into single large “block” of grant + fewer restrictions or “strings” = more freedom

Ex: Community Development Block Grant $$ that can go towards urban revitalization

projects like housing, cleaner/safer community Nixon Era-Carter 1966-1980 many purposed only 5

enacted (why?)

Distribute $$ (Candy) based on Block Grant Request

1. 2 BG = 6

2. --------

3. 2 BG = 6

4. 1 BG = 3

5. --------

6. 1 BG = 3

7. 1 BG = 3

8. 2 BG = 6

9. 1 BG = 3

10. ----------

11. 2 BG = 6

12. ---------

1 Block Grant = 2$

Step 4Explain Revenue Sharing

Established in 1972 by Nixon Provided 6 billion a year for funds to State and local

gov’t Promised No “matching funds” and very few “strings” Distribution determined by Statistical formula using

variety criteria; population, local tax effort, wealth of wealth of statestate

Purpose to provide more funds to poorer, more heavily taxed

States/Cities and less to Richer states/cities 85 billion distributed in 14 yr period Ended in 1986 b/c Fed. Gov’t ran out of $$$

(Reaganomics)

Distribute $$ Candy Revenue Sharing

Taxes = For every 3 dollars you have you must pay back

1in taxes

Revenue Sharing:Revenue Sharing: $ distributed using formula. Poorer

States/communities get top priority. Pay 0-2 in taxes get 6 in RS Pay 3 in taxes get 4 in RS Pay 4+ in taxes get 0

Explain Mandate

A federal order imposed upon states (does not have to be connected to Grant)

Purposes: to meet a goal of the federal government (Envi/ Civil Rights)

Example: If Use Federal $ for construction Environmental impact study Pay prevailing wage Non-discriminatory hiring practices

Impact upon the states: Financial burdens, especially with un-funded mandates.

federal gov’t provides little or no $ to meet required goals State complains about federal blackmail.

Announcement of Mandate

1. Each State must distribute its MeiserMoney Supply in a ratio of 1:2or, if group of 3, 1:1:2

2. Money must be used to purchase WELFARE payments for citizens of your state. For every 2$ you have you get 1 piece of WELFARE. Odd # leftover dollars can be traded or sold to other citizens or other states.

Established two goals when signed into law in 2002. 

First, the law REQUIREDREQUIRED schools to make all students 100% proficient in reading and math by the 2013-2014 school year. 

Second, the law REQUIREDREQUIRED schools to close the achievement gap between groups of poor and minority students and their more affluent non-minority peers. 

It also REQUIREDREQUIRED annual testing in reading and math of all students in grades 3 through 8 and once in grades 10 through 12 beginningin the 2005-06 school year.

*** Highly Qualified Teachers***

Example of Mandate: NCLB An Encroachment of State Powers

Ex of Mandate: Americans w/ disabilities Act 1990

Businesses must meet needs of disabled…= access to services, employment, transportation, entrance into building

Ex. Golf Courses: March issue of Golf Course News offered the following guidelines to public golf course operators to help comply with ADA

½ handicap parking spaces near bag drop not clubhouse Cut out spots on raised curbs so carts can pass Build ramp to tees where possible Easy access to disable person to get in and out of bunker Bunker grades no more than 1 foot of elevation for every 5 feet

of length Telecommunication Device for Deaf in reservation office so

hearing impaired can make tee-time by phone

Power of the PursePower of the Purse

• Categorical GrantsCategorical Grants

• Block GrantsBlock Grants

• Conditions of AidConditions of Aid

• MandatesMandates

• Revenue sharingRevenue sharing

• Highway Act of Highway Act of 19851985

• NCLBNCLB

• Contract with Am.Contract with Am.

• Am w/ Disb. ActAm w/ Disb. Act

Recap on Federalism

Confederation

Large Unitary Gov’t

Federalism

Decentralized Federation

Centralized Federation

US 1980US 1980

Small Unitary Gov’ts

US 1789US 1789

Fed vs St Dual Co-op Creative

The Devolution Revolution

1980-2004 (Confederation)

Large Unitary Gov’t

Federalism

Decentralized Federation

Centralized Federation

US 1980US 1980

Small Unitary Gov’ts

Contract w/ Am Revenue Sh Block Devolution

Devolution Revolution 1980-2004 Started w/ Reagan’s “New Federalism”

Excelled in 1994’s "Contract with America"

1. Un-funded Mandates Reform Act of 1995 restricted future un-funded mandates. (CBO)

2. Focus on Transferring Programs into Block Grants

1. AFDC and Medicare = ½ all Grant-in-aid2. 1996 welfare reform bill.

3. Nations case load declined 10%

3. ***********Medicare and Social Security are entitlement programs. They have been promised to people once they meet certain qualifications. They are not based on financial need.

Devolution & Constitutional Issues.

Since 1937, the U.S. Supreme Court has interpreted Congress' power to spend money for the general welfare and its authority to regulate commerce among the states so broadly that the national government can reach almost any economic, social, or even cultural activity it wishes.

Thus, national laws reach such traditionally local matters as crime, fire protection, land use, education, and even marriage and divorce.

United States v. Lopez 1995 (Gun Free School Zone Act) National government had exceeded its constitutional authority Enacting

a law prohibiting the possession of hand guns near public school buildings.

The Court held that the federal government had not demonstrated any connection between the possession of guns near school buildings and Congress' power to regulate interstate commerce.

It was the first time in 60 years that the Court had seriously questioned a congressional exercise of its commerce power.

Supreme Court Support Devolution

1. US vs. Lopez & Gun Free School Zones Act in 1995: Congress overextended itself when it linked gun

control laws to the interstate commerce clause of the Constitution.

1st time in 60yrs Court seriously questioned a congressional exercise of its commerce power.

2. Printz v. US & Brady Act 1997 Court Invalidated Federal Law that required local

police to conduct background check on all gun purchasers (10th Am)

LBJ’s Great Society Speech

Delivered 22 May 1964, Ann Arbor, MI

Audio mp3 of Address

Next Stage: Fiscal Federalism

Fiscal Federalism Creative Federalism and LBJ (part of

cooperative) New Federalism & Devolution

Nixon and Reagan

LBJ’s Creative Federalism

Creative Federalism• Memorandum from the President• Grants based on National Needs• 1965 = 115 presidential legislative

recommendations. 90 were approved.• What were his main areas of concern?

Clean Air Act of 1970 HEAD START Medicare, Medicaid, War on Poverty, Civil Rights

legislation

• Result: “hyperintergovernmentalization” of public policy

Memorandum from the President to: Secretary of Defense, Acting Attorney General, Secretary of the Interior, Secretary of Agriculture…SUBJECT: Advice and Consultation with State and Local Officials

The basis of creative federalism is cooperation.If Federal assistance programs to State and local governments are to achieve their goals, more is needed than money alone. Effective organization, management and administration are required at each level of government. These programs must be carried out jointly; therefore, they should be worked out and planned in a cooperative spirit with those chief officials of State, county and local governments who are answerable to their citizens.To the fullest practical extent I want you to take steps to afford representatives of the chief executives of State and local government the opportunity to advise and consult in the development and execution of programs which directly affect the conduct of State and local affairs.I believe these arrangements will greatly strengthen the Federal system at all levels. Our objective is to make certain that vital new Federal assistance 'programs are made workable at the point of impact.I am asking the Director of the Bureau of the Budget to work with you, with the Advisory Commission on Intergovernmental Relations, and with the public interest groups representing State and local government in developing useful and productive arrangements to help carry out this policy.

LYNDON B. JOHNSON

Supreme Court Support Devolution

1. Gun Free School Zones Act in 1995: Congress overextended itself when it linked gun control laws to the interstate commerce clause of the Constitution.

Challenges to Federalism: The Commerce Clause Webquest Assignment Due Next Tuesday

Hamilton vs. Jefferson

A. Hamilton and Nationalist Perspective The Constitution was created by people (“We the people)...“)

The Elastic, Commerce, and Taxing/Spending clauses give great power to the national government. (broad interpretation)

  Powers go to states only if they have been surrendered by national government.

When in doubt, matters should be resolved in favor of the national government

Hamilton vs. Jefferson Cont.

B. Jefferson The Constitution is a compact created by the states.

The Constitution carefully limits national authority to the delegated (enumerated) powers. (strict interpretation)

The10th Amendment gives broad powers to states. Professional License, Marriage, Drivers license…

When in doubt as to which holds a power, the matter should be resolved in favor of states.

Nullification Crisis & Compact Theory

Crisis resulting from Ham vs. Jeff

Nullification Crisis & Compact Theory Alien and Sedition Acts Kentucky & Virginia Resolution John C. Calhoun, Tariff of Abominations &

"The South Carolina Exposition and Protest“

Question

What is the State of Federalism Today?

Question of the Day: Day 1 October 18, 2004

Question: The “No Child Left Behind Act” is the best example?

a. That the articles of the constitution can be interpreted both strictly or broadly

b. That the explanations of the 7 basic principles are not always going to be black and white

c. That the amendment process is very difficult

d. Of the principle of checks and balances

Answer: b. Which specific principle is the question referring to and why is b the correct answer?

Question of the Day

Compare your family to either a a Unitary, Confederal, or Federal system.

Ex. My family best represents a Unitary system b/c…

Ex. My family does not represent a Confederal System b/c…

BACK

McCulloch v. Maryland 1819

CaseConstitutional Questions? (issues)

1. Constitutionality of 2nd B.U.S.

2. State have power to tax Fed govt

Decision Maryland tax unconstitutional

Reason Elastic Clause

Article VI Supremacy Clause

“Power to tax is the Power to destroy”

Significance

". . . Although, among the enumerated powers of government, we do not find the word “bank” or “incorporation,” we find the great powers to lay and collect taxes; to borrow money; to regulate commerce; to declare and conduct a war; and to raise and support armies and navies . . . But it may with great reason be contended, that a government, entrusted with such ample powers . . . must also be entrusted with ample means for their execution. The power being given, it is the interest of the nation to facilitate its execution. . . . "

— Chief Justice John Marshal

Dred Scott v. Sandford (1857)

The Taney Court… Scott was not a U.S.

Taney further wrote that Congress had NO power: to abolish slavery in the territories and slaves

were private property protected by the Constitution. (Miss Comp 1820 = Unconst)

Had no power over citizenship and property rights within the States (14th Am.)

The Supreme Court articulated the idea of concurrent powers and dual federalism in which separate but equally powerful levels of government is preferable, and the national government should not exceed its enumerated powers.

". . . . . . We think they [people of African ancestry] are . . . not included, and were not intended to be included, under the word "citizens" in the Constitution, and can therefore claim none of the rights and privileges which that instrument provides for and secures to citizens of the United States. . . ."

— Chief Justice Roger B. Taney, speaking for the majority

Turning Point in Evolution of Federalism

Shift to Dual approach

BACK

Dual vs Cooperative

federal government and the state governments are co-federal government and the state governments are co-equals, each sovereign. equals, each sovereign.

Constitution are interpreted very narrowly, such as the Constitution are interpreted very narrowly, such as the 10th Amendment, the Supremacy Clause, the Necessary 10th Amendment, the Supremacy Clause, the Necessary and Proper Clause, and the Commerce Clause. and Proper Clause, and the Commerce Clause.

federal government has jurisdiction only if the federal government has jurisdiction only if the Constitution clearly grants such (examples: coining Constitution clearly grants such (examples: coining money, regulating commerce, foreign affairs).money, regulating commerce, foreign affairs).

In this case, there is a very large group of powers/roles In this case, there is a very large group of powers/roles belonging to the states, (examples: education, race belonging to the states, (examples: education, race relations, voting, intra-state commerce).relations, voting, intra-state commerce).

This type of federalism dominated from the Founding This type of federalism dominated from the Founding (1788) to FDR’s election in 1932.(1788) to FDR’s election in 1932.

What does What does dual federalismdual federalism have in common with a layer have in common with a layer cake?cake?

COOPERATIVE EDERALISM National government is supreme over the states with the National government is supreme over the states with the

federal government intervening or assisting in some areas federal government intervening or assisting in some areas that have been traditionally left to the states (that have been traditionally left to the states (social and social and economic problems.)economic problems.)

The The 10th Amendment10th Amendment, the , the Supremacy ClauseSupremacy Clause, the , the Necessary Necessary and Proper Clauseand Proper Clause, and the , and the Commerce ClauseCommerce Clause should be should be interpreted loosely.interpreted loosely.

A good illustration of the wide interpretation of these parts of A good illustration of the wide interpretation of these parts of the Constitution is exemplified by the Necessary and Proper the Constitution is exemplified by the Necessary and Proper Clause's other common name: the Clause's other common name: the Elastic ClauseElastic Clause..

Examples of federal and state governments sharing power Examples of federal and state governments sharing power previously left to the states:previously left to the states: education, social programs, transportation, civil rights, education, social programs, transportation, civil rights,

response to national emergencies.response to national emergencies. What does What does cooperative federalismcooperative federalism have in common with a have in common with a

marble cake?marble cake?

LBJ’s Creative Federalism 1960’s-70’s

Creative Federalism• Memorandum from the President• Grants based on National Needs, not State

Clean Air Act of 1970 HEAD START Medicare, Medicaid, War on Poverty, Crime, Civil Rights

legislation• $ given to specific unit of gov’t, not State• Result: “hyperintergovernmentalization” of

public policy• “Federal-aide Junkies”• States and local officials form “intergovernmental

lobby”• Lobby for more $ with less restrictions• Categorical vs Block grants

Memorandum from the President to: Secretary of Defense, Acting Attorney General, Secretary of the Interior, Secretary of Agriculture…SUBJECT: Advice and Consultation with State and Local OfficialsAdvice and Consultation with State and Local Officials

The basis of creative federalism is cooperation.If Federal assistance programs to State and local governments are to achieve their goals, more is needed than money alone. Effective organization, management and administration are required at each level of government. These programs must be carried out jointly; therefore, they should be worked out and planned in a cooperative spirit with those chief officials of State, county and local governments who are answerable to their citizens.To the fullest practical extent I want you to take steps to afford representatives of the chief executives of State and local government the opportunity to advise and consult in the development and advise and consult in the development and executionexecution of programs which directly affect the conduct of State and local affairs.I believe these arrangements will greatly strengthen the Federal system at all levels. Our objective is to make certain that vital new Federal assistance 'programs are made workable at the point of impact.I am asking the Director of the Bureau of the Budget to work with you, with the Advisory Commission on Intergovernmental Relations, and with the public interest groups representing State and local government in developing useful and productive arrangements to help carry out this policy.

LYNDON B. JOHNSON

BACK

The Beginning…

Grant-in-Aid is federal funding given to states and localities

Started with land grants for Universities and railroads

Grew rapidly out of dilemma: Want access to taxing power of federal govt Strict Constructionist view prevented Fed from

spending $ for purposes not authorized by Const

Solution: “Washington pay the bills, the States would run the program.”

Devolution Revolution 1980-2004

Started w/ Reagan’s “New Federalism”

Excelled in 1994’s "Contract with America"

1. Un-funded Mandates Reform Act of 1995 restricted future un-funded mandates. (CBO)

2. Focus on Transferring Entitlement Programs into Block Grants 1996 welfare reform bill.

a. Ended federal entitlement status of welfare. (AFDC)

         b. Give States complete control over management but… c. Aided by Block Grants which means there will be…

c. “Strings” attached to these grants:             1) Recipients must work within 2 years.             2) Recipients cannot receive benefits for more than 5

years.

“Death w/ Dignity”

1. What is the law?2. Why is the Federal Government against it?3. What has been the history of the federal

governments role with regards to this law over the last few years?

4. How is the law an example of “States as Laboratories?

5. Who are the different stakeholders involved?6. How does the law violate the FCS Act?7. What are the characteristics of those who have

used the law?

QofD: Sept 2008

Match the 3 terms used to describe different places in which political sovereignty can be located with their definitions

A. Unitary B. Confederation C. Federalism:

3. Sovereignty is wholly in the hands of the national government

•States and localities are dependent on its (national govt) will

• States and localities can be altered or abolished at will

1. Sovereignty rest with the states, and the national government is allowed to do only that with the states permit

1. A constitutional division of power between the national government and state governments.

•Both get their powers from a Constitution, not each other.