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Federalism. In politics, an absurdity is not an impediment. -Napoleon Bonaparte. Federalism In Principle Federalism : The division of power between central government and peripheral governments, especially regions and states, where residents are subject to both powers for different purposes.
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Federalism In politics, an absurdity is not an impediment. -Napoleon Bonaparte
Federalism In Principle • Federalism : The division of power between central government and peripheral governments, especially regions and states, where residents are subject to both powers for different purposes. • Varieties of Federalism • Federal • Confederation • Unitary • Asymmetric • Imperial
Basic Principles of Federalism • The Pre-Emption Principle • Conflict Pre-emption • No state law that directly contradicts or presents and obstacle to implementing federal law can be upheld. • Field Preemption • If a set of federal laws or agencies controls a field of regulations, state laws may be struck if they interfere. • Congressional Powers • Article I, Section 8 Laws • Article I, Sections 9-10 Denied to states • Shared Powers • Reserved Powers
Theoretical Constructs • Dual Federalism • Long-lived – 1820-1920s. • State’s rights preservedunder 10th Amendment more strictly • National government is absolutely supreme in its sphere, states are supreme in theirs. • National government and state governments strictly limited from any intermixing of powers. • National and state governments are equal in power and importance. • Courts should maximize all powers that are appropriate for each sphere
Theoretical Constructs • Cooperative Federalism : • Modern version, 1930-1980s • Rejects traditional interpretations of 10th Amendment. • National and state governments work in cooperation on the same projectsby implementing programs • States mustfind ways to cooperate: • Cooperative Funding • Mandated Standards • Ceded power to the federal gov’t • Sharesthe problems and difficulties of implementing programs – and usually the costs.
Theoretical Constructs • “New Federalism”: • Evolution of ‘Cooperative Federalism’ during Reagan Era. • Emphasis on state administrative capacities, but not state powers. • Increases ways states can comply with federal programs and receive funding or aid federally. • Block grants and broad standards are the order of the day. • Unanticipated initiatives by state governments become socially or even internationally controversial. • Can include rollback of specific federal regulations under Coop Fed.
