Teaching > Preservation
|Benjamin Franklin. Join or Die. Pennsylvania Gazette
(Philadelphia), May 9, 1754 Newspaper Serial and Government
Publications Division, Library of Congress.
|Ben Shahn (1898-1969) Our Friend. New
York: National Citizens Political Action Committee, 1944. Lithographic
poster. Prints & Photographs Division (62.5). Library of
|African-American students arriving at Central High School,
Little Rock, Arkansas, in U.S. Army car, 1957.
Federalism (links to Wikipedia, unless noted)
- Katz, Ellis. American
Federalism, Past, Present and Future, Issues of Democracy,
USIA Electronic Journal, Vol. 2, No. 2, April 1997. Terms, below, for reference. They appear sequentially in Katz's article.
- Articles of Confederation (developed 1776-1781; limited authority of federal government; faults noted by Shay's Rebellion, and general lack of abilty to cope with treaties, army, debt)
- Rejected by framers of the Consitution
- Confederation (confederal; membership by states is voluntary; vis: EU...sort of!),
- Unitary state (central government is supreme; viz UK)
- Federalism, in United States (covenant; with power divided between central givenment and constitutient political units)
- Amendments to the US Constitution, (consider how they inform the evolution of Federalism)
Amendment (Rights of Persons), Find Law
(Specifically, "nor shall private property be taken for public use, without just compensation")
Amendment (Reserved powers, enumerated powers), Find Law. TExt: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
- 13-15 Amendments after the Civil War increased the power and scope of Federal government
Amendment (Rights Guaranteed, Privileges and Immunities of
Citizenship, Due Process and Equal Protection), Find Law. Specifically, "...nor shall any State deprive any person of life, liberty, or property, without due process of law...
- Case Law, (by courts of the first instance new interpretations of the law that can be cited as precedents in a process known as stare decisis. Different from: statutory law, regulatory law, and common law)
- Dual federalism, WIkipedia (1787 to before the New Deal; two separate and co-sovereign branches of government; relationship of 'tension')
- Cooperative federalism
(late 1930s through mid 60s; national, state, and local governments interact cooperatively and collectively)
- Coercive federalism (not mentioned in Katz's article; mid 1960s)
- Summary of Kincaid, John. From Cooperative to Coercive Federalism, The Annals of the American Academy of Political and Social Science, Vol. 509, No. 1, 139-152 (1990)
- Posner, Paul. The Politics of Coercive Federalism in the Bush Era. Publius: The Journal of Federalism Advance Access published online on May 23, 2007, Publius: The Journal of Federalism, doi:10.1093/publius/pjm014 Description and link to article. Skim
- Interstate Highway System
- Grant-in-Aid (started with cooperative federalism)
- Great Society
- New Federalism
- Katz's six critial issues
- Unfunded mandate, Wikipedia. Examples:
- Constitutional issues
- DeWitt, Larry.The 1937 Supreme Court Rulings on the Social Security Act. Social Security,1999 (consider strict construction versus implied powers)
- Necessary and Proper Clause, US Constitution, Article I, Section 8, Clause 18.
- Commerce Clause, US Constitution, Article I, Section 8, Clause 3.
- United States v. Lopez 1995
- Public finance
- International Trade
- The states as laboratories
- Reinventing government
- Osborne, David, and Ted Gaebler. 1992. Reinventing Government: How the Entrepreneurial Spirit Is Transforming the Public Sector. Reading, MA: Addison-Wesley. Book summary, Cornell University Skim Amazon
- Kettl, Donald F. Reinventing Government A Fifth-Year Report Card. Center for Public Management, The Brookings Institution, 1998. PDF file. For reference
State and Town
- Barron, David J., Gerald E. Frug and Rick T. Su. Dispelling
the Myth of Home Rule Local Power in Greater Boston [PDF
Rappaport Institute for Greater Boston, Cambridge, Massachusetts.
- Geon, Gyusuck and Geoffrey K. Turnbull, The Effect of Home Rule
on Local Government Behavior: Is there no Rule Like Home Rule?
Working Paper No. 04-05, Urban and Regional Analysis Group, Andrew
Young School of Policy Studies, Georgia State University, September
- Land Use Law Center,
Pace Law School.