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Federalism
- 2+ levels of govt have formal authority over the same land
- System of shared power between govts
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Unitary government
- All the power resides in the central govt
- Most used system in nations today
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Intergovernmental relations
Interactions between the levels of gov't in a federal system
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Supremacy clause
Article IV made Constitution, national laws, and treaties> state laws if nat'l gov't is within the Constitution
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Tenth Amendment
Any powers not prohibited for the states or expressly the nat'l gov't go to the states
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Full faith and credit
- Requires every state to recognize official documents from courts of other states
- Drivers' licenses, marriage licenses
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Extradition
State officials from one state surrender the defendant to another state where the crime occurred
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Privileges and immunities
Citizens have similar rights in different states
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Dual federalism
State and nat'l gov't are supreme in their own areas and are responsible for separate policies
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Cooperative federalism
- Powers and policies are shared between the states and the nat'l govt
- Share cost, administration and blame for poor results
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Fiscal federalism
- Pattern of spending, taxing and providing grants
- Much of natl govt's interaction with state and local gov'ts
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Categorical grants
- Grants for specific purposes
- Come with strings attached
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Project grants
Awarded based on the merit of applications
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Formula grants
Distributed according to a formula specified by legislation or regulation
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Block grants
Given automatically to support broad programs like social services or community development
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McCulloch v. Maryland
- 1819 established supremacy of natl laws over state
- Congress has implied powers in addition to enumerated powers
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Enumerated powers
- Powers of the federal govt addressed in the Constitution
- Coin money, impose taxes, etc.
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Implied powers
- Powers of the federal govt that go beyond the Constitution
- All laws necessary and proper
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Elastic clause
Final paragraph allowing anything necessary and proper for Congress to carry out enumerated powers
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Gibbons v. Ogden
- 1824 very broad interpretation of elastic clause regarding interstate commerce
- Virtually every form of commercial activity
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