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authorHolden Rohrer <hr@hrhr.dev>2020-09-17 13:29:16 -0400
committerHolden Rohrer <hr@hrhr.dev>2020-09-17 13:29:16 -0400
commit3e15e234b773af1edc88552c9787bcd18fd90dbc (patch)
tree567622a24056c62b9c43fa572abab5c818b10b44 /rich
parent4bbdf67f3c60cba24fa97b5df72232d89b1f4cb7 (diff)
watched a couple of lectures
Diffstat (limited to 'rich')
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-rw-r--r--rich/13_interstate48
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+Why did the founders choose federalism?
+- Anti-confederal: common problems (trade agreements, war, treaties)
+- Anti-unitary: Geographic size prevented national control of locals.
+- "Sectionalism"
+ - San Francisco, highly socially liberal
+ - Milton, FL, much more socially conservative
+ - National policies CANNOT address regional audiences.
+ - BUT national policies still need to exist
+- Federalism maintains the right power balance
+ - National can't overimpose on states
+
+American Federalism
+- National
+ - Enumerated (expressed) powers
+ - Coin money, declare war, etc
+ - Implied (more vague) powers
+ - "Necessary and proper", "Elastic clause"
+ - lets power of congress stretch based on power balance
+ - Inherent (basic) powers
+ - Treaties, wage war, expand territory
+- States
+ - Reserved powers
+ - 10th amendment delegates the remaining powers
+ - Congress, Supreme Court have specified this more precisely.
+- Other powers
+ - Concurrent powers: state and US share
+ - Taxes
+ - Criminal system
+ - Prohibited powers
+ - States cannot form standing army
+ - Federal cannot form interstate tariffs
+
+- Supremacy Clause (Article 6)
+ - Feds trump states
+- Vertical "checks and balances"
+- "All states are created equal"
+ - "Horizontal Federalism"
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+Potential interstate problems: Article 4 of the Constitution
+- "Full faith and credit clause": states must honor legitimacy of others
+ - Ex: driver's licenses are validated in other states
+- Privileges and immunities
+ - You don't become an immigrant by moving states
+ - Citizen of Georgia = Citizen of Florida
+- Interstate extradition
+ - Fleeing a crime between states means you get sent back
+- Interstate compacts
+ - Subject to congressional approval
+ - Because this will increase the power/rights of a state
+- Still being decided through state powers, census, districting
+
+Two general stages of federalism since civil war
+- Dual federalism (1829-1937)
+ - Divided based on commerce
+ - Interstate = federal domain
+ - Limited at the time, local commerce much more common
+ - Intrastate = full state control
+- Cooperative federalism, started by New Deal (1937-1968)
+ - Federally funded but state-administered
+ - National Government has a bigger role because they hold the purse
+ - Social Welfare motivated in public opinion
+- The 1970s have unclear federalism
+ - Public opinion turns against feds: Recession, Vietnam, Nixon
+- 1980s--present shifts more power to the states
+ - President Reagan reshapes federalism
+ - Public opinion against big government
+ - Block Grants replace states administering specific programs
+ with states administering a lump sum social welfare system.
+ - Puts blame onto state governments
+ - Lets Reagan build up national defense as much as possible
+ - Rehnquist Court - Commerce Clasue
+ - Expanded definition of intrastate commerce
+ - Reverting to dual federalism
+- Future
+ - FBI and counterterrorism actually hand power back to the states
+ - Devolution: shift power from national to states
+ - Clarence Thomas - conservative on SC - favors state power
+ - Believes it to protect private activity and indiv. freedom
+ Arguments:
+ - Geographically easy to petition government
+ - States control day-to-day bureacracy
+ - Federal programs can be shaped to state pops.
+ - States innovate new individual rights (ex social programs)
+ - You can migrate to shop around for rights
+ - Good or bad? Unclear.
+ - But there is a greater burden on state finances