Wednesday, March 24, 2010

Federalism: Layered Cake & Marble Cake


The “Layer Cake” is a metaphor for the concept of “Dual Federalism.” Dual Federalism, also often referred to as “strict construction of the Constitution,” asserts that the set of powers described in Article I, Section 8 of the Constitution belong to the national government and that all other government powers are “reserved” to the states through the 10th Amendment.

The ”Marble Cake” is a metaphor for the concept of “Cooperative Federalism.” This recipe begins with the idea that there are certain problems which are national in scope and therefore require solutions that are beyond the jurisdictional reach of state and local governments. For problems of this nature, the Constitution’s “elastic clause” [Article I, Section 8] can be utilized to enable the federal government to create cooperative intergovernmental relationships between itself and states and localities. The way that laws and regulations are written and enforced, and the way that these programs are funded [often through federal grants to states and local governments], leads to a blurring of the lines of authority and responsibility between the federal and state governments.

http://chnm.gmu.edu/acpstah/units_acps.php?menu=lessons&acpstahid=4&lesson_num=3

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