Federalism in the United States: dual and cooperative models

Federalism

1. Nullification

   • The idea that states could declare a national law null and void.
     • The Supreme Court can decide a case without settling the issue.
   • Thomas Jefferson and James Madison thought the punishment of the newspaper was uncon. making the Virginia and Kentucky Resolution.

2. Dual Federalism

   • The national and state governments as equal sovereign powers(co-equals operating in their own separate spheres-layer cake.
   • Cooperative Federalism: The idea that states and the national government should cooperate to solve problems.
   • Federal and state governments remian dominant in their separate spheres of influence.
   • Gibbons v. Ogden (example)
   • Views the Con. as giving limited list of powers to the national government, leaving the rest to sovereign states.

3. State Sovereignty

   • Means supreme or ultimate political authority; A sovereign government is one that is legally and politically independent of any other government.
   • United States v. Lopez (1995), the court held that Congress had exceeded its commerce clause power by prohibiting guns in school zones.
   • United States v. Morrison; Violence against women.

4. What can the Sates Do

   • Food stamps are administrated by states (money comes from the federal government).
   • Disabilities are determined by the state (federal state).
   • State and federal highways are maintained by states (Money for federal highways)
   • States determine minimum wage
   • Issue state licenses.
   • States set pollution standards, worker safety standards, drinking age limits, citizenship standards, taxes, animal cruelty laws.