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Terms in this set (10)

1- dual federalism- in which state and national governments had relatively clearly demarcated responsibilities. (Across its first 150 years)

Before the Great Depression and New Deal, experts often compared federalism to a layer cake. Each layer of government — national, state, and local — had responsibilities separated clearly by a distinct covering of "icing." This interpretation is known as DUAL FEDERALISM, which each level of government dominating its own sphere. The Supreme Court served as an umpire between the national government and the states in case of a dispute. But FRANKLIN ROOSEVELT changed all that.
Cooperative (or Marble cake)- Federalism: Mingled governing authority, with functions overlapping across national and state governments. new bakery metaphor emerged: a marble cake with its various ingredients—the different government functions—all swirled together.
• Officials in Washington provided federal funds through grants-in-aid— national funds accompanied by specific instructions to state and local officials about how the money could be spent.
In one program after another, the responsibilities of federal state, and local governments were increasingly mingled: funding rules, administration, implementation, and execution cut across the different layers of federalism.
(see chart on pager 120 for comparing dual federalism to cooperative federalism) Lasted from the new deal to the 1970s. ( the period after the great depression)
New Federalism- A version of cooperative federalism, but with stronger emphasis on state and local government activity, vs national government.
Reagan was promoting more decision making authority by state and local officials. In place of grants in aid with national officials carefully specifying the rules and regulations that accompanied the funds, the Reagan administration relied more on block aids. One pillar of the NEw Federalism movement was devolution, or transferring responsibilities for government to state and local authorities.

The Constitution grants national government bot enumerated or explicit powers and inherent ( or implicit) powers. You can read it to emphasize broad national powers (using the elastic clause) or state dominance ( emphasizing the tenth amendment)
There have been three important eras of federalism: dual federalism included clearly demarcated authority (the layer cake); cooperative federalism, arising with FDRs New Deal, introduced federal dominance and blurred lines of authority ( the marble cake) President Reagan's New Federalism still relies on federal funds, but shifts more decision making about spending those monies back to the states.
The "Elastic Clause" of the Constitution grants Congress power to pass unspecified laws "necessary and proper" for the exercise of its expressed powers
Implied powers have often been controversial
Over time, Congress's powers have grown as more and more kinds of government activity have been accepted as implied powers

This last power is enshrined in Article I, Section 8, Clause 18—one of the most important and controversial clauses in the entire Constitution. This "Necessary and Proper Clause" (sometimes also called the "Elastic Clause") grants Congress a set of so-called implied powers—that is, powers not explicitly named in the Constitution but assumed to exist due to their being necessary to implement the expressed powers that are named in Article I.

But what the heck does that mean, exactly?

We know that Congress has the power to regulate interstate commerce. (It says so right there in Article I, Section 8, Clause 3.) But does Congress have the power to, say, make a rule setting a national minimum wage? Is that minimum-wage law really "necessary and proper" for Congress to exercise its authority to regulate interstate commerce?

Today, most people would say yes. We do have a national minimum-wage law, and very few people now argue that the law should be considered unconstitutional. We interpret the commerce clause pretty loosely, assuming that Congress has the legitimate authority to pass all kinds of economic rules and regulations as a "necessary and proper" part of exercising its broad commerce powers.

But this wasn't always the case. Throughout the late nineteenth century and well into the 1930s, the Supreme Court insisted that such laws were unconstitutional, that they were not a "necessary and proper" part of regulating interstate commerce at all and thus the government had no right to enforce them.

What changed? Not the Constitution. But our understanding of what's "necessary and proper" today simply isn't the same as what it was a century ago. Now you can see why Article I, Section 8, Clause 18 is sometimes called "the Elastic Clause"—the definition of "necessary and proper" can be stretched pretty far in one direction or the other, depending upon the dominant political trends of the moment.

And because the definition of "necessary and proper" is so subjective, the implied powers that derive from the Necessary and Proper Clause have often been extremely controversial and subject to ferocious political disagreement. And this has been the case since at least George Washington's presidency, if not even before.
he Delegated Powers, also called the Enumerated Powers, are the powers of Congress established in section eight of Article I of the US Constitution. There are nineteen such powers. [1]
The Delegated Powers are as follows:[2]
The Congress shall have power To lay and collect Taxes, Duties, Imposts and Excises, [in order] to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
To borrow money on the credit of the United States;
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
To establish an uniform Rule of Naturalization;
To establish uniform Laws on the subject of Bankruptcies throughout the United States;
To coin [not print] Money, regulate the Value thereof, and of foreign Coin;
To fix the Standard of Weights and Measures;
To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
To establish Post Offices and Post Roads;
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
To constitute Tribunals inferior to the Supreme Court;
To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
To provide for organizing, arming, and disciplining the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings.
Article I, Section 8 of Constitution lists 27 expressed powers of Congress
Include power to declare war, levy taxes, regulate commerce and currency

The 27 expressed powers of Congress listed in Article I, Section 8 of the Constitution grant the legislative branch a huge amount of authority over American national policy, both foreign and domestic.

The most important powers include the power to tax, to borrow money, to regulate commerce and currency, to declare war, and to raise armies and maintain the navy. These powers give Congress the authority to set policy on the most basic matters of war and peace.

Congress's other expressed powers are wide-ranging, including:
The power to establish rules to allow foreign-born immigrants to become citizens of the United States
The power to make rules for bankruptcies
The power to punish counterfeiters
The power to set up a national post office
The power to provide for copyrights and patents to protect the work of inventors and artists
The power to organize all federal courts below the Supreme Court
The power to punish pirates
The power to hire pirates to attack foreign enemies
The power to make rules to regulate the conduct of the armed forces
The power to call out the militia to defend the country from invasions or insurrections
The power to organize and discipline the militia
The power to govern the federal capital (Washington, DC)
The power to acquire lands from the states for use by the federal government
And, last but definitely not least:
The power to "make all Laws which shall be necessary and proper for carrying into Execution the foregoing powers...."
Congress has several types of powers
Expressed powers: explicitly listed in Constitution
Implied powers: not listed in Constitution, but "necessary and proper" to exercise the expressed powers that are listed
Inherent powers: held to belong to all governments, everywhere

Congress is an immensely powerful organization. It has so many powers, in fact, that those powers have to be split up into three separate categories.

The first are the expressed powers, those explicitly named in the Constitution as belonging to the Congress. There are 27 of these enumerated in Article I, Section 8, ranging from the basic power to levy taxes to the rather unusual power to hire pirates (known as a Letter of Marque) to attack the nation's enemies. (Seriously—that's in there.)

The second are the implied powers, those not explicitly named in the Constitution but still agreed to be "necessary and proper" to exercise the expressed powers. These include things like the power to set rules for railroad safety, which is justified on the basis that such regulations are necessary for Congress to exercise its expressed power to regulate interstate commerce. The implied powers are often controversial because they are not written down and are thus subject to constant reinterpretation.

And the third are the inherent powers, those held to belong to all world governments and thus also to the Congress, even if they're not explicitly listed in the Constitution. There aren't many of these, but they include things like the power to control the nation's borders or expand its boundaries.