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Interpretations of particular clauses in the Constitution have led to an increase in federal power over time. The necessary and proper clause gives the federal government power to create laws that they deem “necessary and proper,” while the commerce clause gives the federal government power over interstate commerce.
“Marble cake federalism” is a bakery metaphor often used to describe the model of cooperative federalism. This model of federalism holds that the local, state, and national governments do not act in separate spheres, but instead have interrelated policy goals and administrative duties.
Federalism divides power between multiple vertical layers or levels of government—national, state, county, parish, local, special district–allowing for multiple access points for citizens.
Simile/Metaphor for Seperation of Powers and Checks and Balances. The Checks and Balances is like three separate branches on a tree. They each balance the tree out and make sure that one branch doesn’t get more nutrients than the others.
Metaphor- Individual rights is like breathing because like breathing are unalienable and government and other individuals can’t interfere with it, individual rights are rights that cannot be interfered with by the government or individuals.
Cooperative Federalism Prior to the 1930s, many scholars used the analogy of a layer cake to describe federalism. Each layer had clearly defined powers and responsibilities.
Picket fence federalism describes a system that involved overloaded cooperation and regulations such as releasing national funds or grants to state and local governments to solve problems and achieve goals. This federalism is called: dual federalism.
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The civil war affected federalism because our country was split in half fighting each other. Nullification and secession issues were ended. Expanded the power of the national government with three new amendments.
Sandford: SCOTUS favored the idea dual federalism in which separate but equally powerful levels of government is preferable, and the national government should not exceed its enumerated powers.
An implied offer is one that’s implied rather than overtly stated. For instance, a person who buys a product from a seller assumes that the product functions properly without a seller explicitly claiming that the product works. An agreement stems from the offer, and the offer is then construed as the proposal.