what is layer cake federalismwhat is layer cake federalism

At first, federalism in the U.S. was dual or layer cake. After the New Deal, however, U.S. federalism became cooperative or marble cake.. For example, both national and state governments are interested in improving education, protecting the environment, promoting economic growth, and reducing crime. Layer-cake (dual) federalism is a subtype of federalism in which political power is divided between the federal government and the regional governments in strictly defined terms. Academic.Tips. (2012) American Government: Power and Purpose -- Brief Twelfth Edition. marble cake federalism is associated with the. Federalism is a political system that believes each state under a central government can have its own laws and customs while still sharing unified laws, customs, and currency. If the states are allowed to experiment with different variations on the national governments mandates, the national government can learn which variations work and which ones dont. (n.d.). Young, E. (2001). Under an interlocking federal system, the national government might work with state government programs to fund colleges, pay veterans, or build transportation infrastructure. Prior to the 1930's, the popular conception of federalism was one where the roles of the federal and state governments were separate, distinct, and within their own spheres. https://academic.tips/question/what-is-the-layer-cake-federalism/. Since the size of the federal budget is becoming more limited in regards to policy making, Congress has been more and more willing to use items such as coercive grants and even mandates in order to achieve the policy objectives that were in place during the 1970s and 1980s. [23] Douglas, an advocate of federal government limited by a strict interpretation of the Constitution, championed the vision of America as the confederation of the sovereign states". A cooperative federalism, also known as a layer cake or a marble cake, is a type of federalism in which federal and state governments collaborate. both the national and the state governments, 5 Examples of Cooperative Federalism (Including Pros & Cons). Zackin, E. (2011). https://doi.org/10.1111/j.1467-8500.2007.00551.x. Moreover, acts such as No Child Left Behind were seen as an extreme version of preemption, as the national government was overriding state and local governments, which, in practical terms, gave the national government more power. The Canadian Constitution, in contrast, assigned all residual powers to the federal government and enumerated a complete list of state powers. X). Most of Tios writings concern philosophy. This was a drive to give more power to the states, and it had a great stride in the reformation of unfunded mandates. Dahl, Robert A. SEE ALSO: Dual Federalism; Marble Cake Federalism, http://encyclopedia.federalism.org/index.php?title=Layer_Cake_Federalism&oldid=2188. Staying on the website assumes that you agree to our The review process on Helpful Professor involves having a PhD level expert fact check, edit, and contribute to articles. The primary source for this construct was the U.S. Constitution, which set forth a formal division of powers. In some instances, states could enforce more regulations than necessary on government decrees. [18] The U.S. Supreme Court declared the Pennsylvania law unconstitutional, striking the abolitionist law and heightening tensions between slaveholding and non-slaveholding states. Progressive Federalism:This is the most recent form of federalism; it allows states to have more control over certain powers that used to be reserved for the national government. The system of dual/joint federalism in the United States is a product of the backlash against the Articles of Confederation, ratified in 1781, which established a very weak federal government with the powers to declare war, make treaties, and maintain an army. This article may include references and links to products and services from one or more of our advertisers. https://doi.org/10.1057/pol.2011.4, Zimmerman, J. F. (2001). The governments, by design at the national and state levels, check and balance one another. The layer-cake federalism is also known as dual federalism and divided sovereignty. Judicial Federalism:Refers to when the Supreme Court and the Judiciary branch each have the ability to influence federalism. In making these decisions, the Supreme Court aimed to keep in line with the idea of federalism as it then existed, balancing states' rights with the protection of civil liberties, rather than simply opposing the new amendments. According to Schutze (2009), the history of the European Union also shows a movement from dual or layer cake federalism to cooperative or marble cake federalism. The state governments exercise the powers that were granted to them without the intervention of the federal government. Dual Federalism is the distribution of powers at the central as well as state level. Marble Cake Federalism is a form of federalism where there is mixing of powers, resources, and programs between and among the national, state, and local governments. American Government: Power and Purpose. Layer cake federalism is concerned with defining authority and spending one-third of one's budget on programs that contribute to government efficiency. Excluding course final exams, content authored by Saylor Academy is available under a Creative Commons Attribution 3.0 Unported license. Block grants were grants given to the states with little restrictions on how they could use the money. This is because the powers of the state and federal government are so distinctive that states have powers without federal government. This type of federalism allows the states to comply with government requirements, but they can also include their own additions. 6 What was the metaphor for dual federalism in 1960? The process used to distribute the money can actually shape the type of federalism in that particular era. June 3, 2022. https://academic.tips/question/what-is-the-layer-cake-federalism/. The Canadian Charter of Rights and Freedoms. Federalism was first adopted in the union of states during the Old Swiss Confederacy (Forsyth, 1981, p. 18), but several countries have federalism today. Dual federalism is defined in contrast to cooperative federalism, in which national and state governments collaborate on policy. The Avalon Project, "Historical Highlights: The Tariff of Abominations" U.S. House of Representatives, "Majority Rules: Prigg v Pennsylvania" PBS, "Unconstitutionality of the Fugitive slave act" (1854) Supreme Court of the State of Wisconsin, The Dred Scott decision: opinion of Chief Justice Taney (1856) Supreme Court of the United States, People & Events: Dred Scott's fight for freedom. In the Slaughter-house cases and Bradwell v. Illinois the Court supported the view that the amendment regulated states rather than individuals practicing discrimination. It is the major expression of the principle of federalism in the Constitution of the United States: 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 (U.S. Const. It is also called a marble cake federalism. Dual federalism is also commonly identified as layer cake federalism because it supports the notion that the rules created by national and regional governments can only be used within their individual jurisdictions (McDonnel, 2008). Both state and federal governments derive their powers and authority from the dictates of the Constitution, which divides governing powers and responsibilities. In what spheres can they be used? Because of the analogy, the concept was referred to as "layer cake federalism" and rested on the proposition that federal and state governments have separate functions. How to Market Your Business with Webinars. If you continue to use this site we will assume that you are happy with it. He is the former editor of the Journal of Learning Development in Higher Education and holds a PhD in Education from ACU. Just like judicial federalism, fiscal federalism can have a huge impact on the type of federalism that is present at the time. Supremacy Clause:An article in the Constitution that states the laws made under the Constitution are the greatest in the land. Also known as picket fence federalism, it was most prevalent during the Lyndon Johnson years and his Great Society. Publius: The Journal of Federalism, 31(2), 1530. [1] This, in addition to the New Deal policies, led to the federal government and the states working together more, ending the era of dual federalism and moving America into cooperative federalism. The primary source for this construct was the U.S. Constitution, which set forth a formal division of powers. The division of power between the two levels of government has changed drastically in the last 80 or so years. It also allows the national government to tailor its own laws so that, in the end, the laws are more effective because of what the different states have learned. "[3], Political scientist Edward Corwin identified the following four characteristics of dual federalism:[4]. Dual federalism, also known as layer-cake federalism or divided sovereignty, is a political arrangement in which power is divided between the federal and state governments in clearly defined terms, with state governments exercising those powers accorded to them without interference from the federal government. The company is registered at 4 Diagora Street, Kermia Building, Office 202, P.C. Learn more about our academic and editorial standards. [4][5] Dual Federalism:When the federal government and the state governments have separate but equal powers. Federal Mandate:This is a requirement made by the federal government that is essentially a condition that must be met if you want to receive any type of federal funds. Federalism is the process by which two or more governments share powers over the same geographic area. lawguides.scu.edu. Get a custom answer prepared by a professional tutor for, Federalism: What It Is and How It Came to Be, Advantages and Disadvantages of Federalism. He used the metaphor of a layer cake to describe the system of dual federalism, the separated layers of the cake symbolizing how distinct spheres of power that the state and federal governments inhabited. The purpose of Academic.Tips website is to provide expert answers to common questions and other study-related requests or inquiries from students. June 3, 2022. https://academic.tips/question/what-is-the-layer-cake-federalism/. In addition to the basic types of federalism, there are others, including: This form of federalism came about in the 1980s after Ronald Reagan was elected. Lowi, et al. Although Law Professor Eugene Gressman views these rulings as a "judicially directed perversion"[26] of what the abolitionists meant to accomplish, within historical context the Supreme Court decisions seem more occupied with sustaining the system of dual federalism. [30][31][36][1], The governments of Argentina, Austria, Australia, Belgium, Bosnia and Herzegovina, Brazil, Canada, Comoros, Ethiopia, Germany, India, Malaysia, Mexico, Micronesia, Nepal, Nigeria, Pakistan, Russia, Saint Kitts and Nevis, Spain, Switzerland, United Arab Emirates, and Venezuela also operate through federalism. House. In 1787, six years after the ratification of the Articles of Confederation, the Constitutional Convention decided to change their original purpose of editing the Articles and instead created a new Constitution of the United States. Despite the fact that it was a clear and direct idea of the federal system, layer cake federalism could not describe the nature of government relations. Disasters such as 9/11 and the resulting war on terrorism required a stronger and more powerful central government in order to deal with the nations issues. It also prevented Congress from passing federal programs that could potentially cost a lot of money, which, in practical terms, returned more power to the states. [30] The Interstate Commerce Act and Sherman Antitrust Act solidified Congress's authority to regulate commerce between states and expanded its role. This page was last edited on 29 January 2023, at 17:45. 10. Because of the strict division between the two types of government, dual federalism is sometimes called layer cake . Among other powers, the federal legislature could now tax citizens and maintain a standing military, and had exclusive power over regulating interstate commerce and coining currency. Nullification:The right of states to declare some national laws illegal. Lowi, T. J., Ginsberg, B., & Shepsle, K. A. Although different types of federalism have been noted throughout the centuries, most experts agree that these are the forms of federalism the United States has followed from the 1790s to today: If you live in Ohio, your needs might not be best served by laws that are on the books in Oregon. This type of federalism is mostly associated with the 1970s and the 1980s, and it began with the Nixon Administration. [13] Chief Justice Marshalls majority opinion sided with Gibbons, stating that Ogden's monopoly of the ferry service overstepped states ability to regulate trade. [1][49][50] Most western federalist systems in recent years have drifted away from autonomous levels of governments with strong state powers and moved toward more centralized federal governments, as seen in the American government's transition from dual to cooperative federalism. "What is the layer-cake federalism?" [19], A similar situation arose when, in 1854, the state Supreme Court of Wisconsin declared the Fugitive Slave Act of 1850 unconstitutional. Dual federalism Also known as layer-cake federalism or divided sovereignty, is a political arrangement in which power is divided between the federal and state governments in clearly defined terms, with state governments exercising those powers accorded to them without interference from the federal government . Grodzins, M. (1960). Taking Subsidiarity Seriously: Federalism in the European Community and the United States. Lowi, Theodore J., Benjamin Ginsberg, Kenneth A. Shepsle, and Ansolabehere. 1. Federalism is a system of government in which power is divided between a central government and regional or sub-divisional governments. Because of this, it is also known as the layer cake federalism. Cooperative federalism Cooperative federalism, also known as marble-cake federalism, is defined as a flexible relationship between the federal and state governments in which both work together on a . Reviewers ensure all content reflects expert academic consensus and is backed up with reference to academic studies. Marble cake (cooperative) federalism: The federal and regional governments flexibly cooperate on a variety of issues. Because federalism can create population centers that are focused on meeting their own needs, no emphasis is often placed on the bigger issues that can occur at either state or national levels. Click here to contact our editorial staff, and click here to report an error. Fiscal Federalism:Refers to federalism whereby funds are used to support a national program. The main source of this construction was the Constitution of the United States of America, which enshrines the formal separation of powers. Federalism is defined as a method of governing that involves overworking cooperation . The Federal System. This term describes the belief that all levels of government should work together to solve common problems. An In-Depth Look. Banting, K. G., & Simeon, R. (1983). Some of the oldest surviving federations in the world include the United States, Mexico, Switzerland, Canada, Brazil, and Australia. Operations: Meghann Olshefski Mandy Morris Kelly Rindfleisch Unfunded mandates were what the national government issued to the states so that they would comply with certain orders without offering the funds of the state. All articles are edited by a PhD level academic. (2007). As a result, the state governments weakened, and grants were used as a way to make the state governments comply with whatever the national government wanted. amend. The Articles conceived of limited government and a very weak federal government with the powers to declare war, make treaties, and maintain an army (Lowi et al., 2008). Layer cake federalism is characterized by a clear separation of powers between the central government and the states. In 1787, the Convention almost immediately dropped its original purpose of editing the Articles and instead drafted a new Constitution of the United States. Layer cake and marble cake federalism are two models of federalism, which is a system of government in which power is divided between a central government and regional governments. Underneath the top layer, there is the layer with the states and then below the states, there is the local government. When you look at what is not included in the Constitution; for example, education. "Federalism by Country." In marble cake federalism there will be an . This website is purely informational. Since marijuana is still illegal under federal statutes, which laws take precedence in situations like this? Why is the term marble cake federalism used? [1][2][3] Fueled by Shays' Rebellion and an economy faltering under the inability of the federal government to pay the debt from the American Revolution, a group later known as the Federalists generated support for a strong central government and called for a Constitutional Convention in 1787 to reconsider the Articles. Although not an actual type of federalism, this form of federalism is associated with George W. Bushs presidency, and it showcased important changes and events in the history of this country. Unfunded mandates:When the national government issues orders to state governments that they have to follow, but without providing funds, in order to aid the states in achieving the requirements from the national government. marble cake federalism is associated with the. It resulted in more streamlined services, and it has since fueled a reaction against any type of regulatory federalism. Political scientists often refer to dual federalism as "layer-cake federalism" due to its clear division of powers between federal and state governments. Columbia Law Review, 94(2), 331456. [11] Although the ability to charter a bank had not been explicitly granted to the federal government in the Constitution, federalist proponents argued such action as necessary for the federal government to exercise its constitutional power to tax, borrow, and regulate interstate commerce.[11] The Supreme Court, in essence, backed Alexander Hamilton's interpretation of the Constitution over Thomas Jefferson. The new Constitution rejected the confederal and unitary systems and instead established a dual federalist arrangement. If you have a legal or financial matter, please consult the appropriate professional (lawyer, accountant, etc.). By taking a look at the 10th Amendment, which states that 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., Recognizes local differences and interests, Promotes a certain amount of competition among different jurisdictions, The possibility of an inefficient government, It protects local groups that are very powerful, It can cause some harmful spillover effects. [48][50][55][56][57] Since 1991, Russia may also be considered a dual federation.[58]. In competitive federalism, there were many efforts to reduce federal control over the grant programs and to revise the federal governments involvement in spending on general welfare. Saylor Academy 2010-2023 except as otherwise noted. Rather than a competition for power, the powers of the state and federal government change according to national political movements and their agendas; a dynamic that existed both before and after the New Deal. External Relations: Moira Delaney Hannah Nelson Caroline Presnell Polity, 43(3), 388403. Australian Journal of Public Administration, 66(3), 298306. He contrasted this with marble cake, which he saw as descriptive of federalisms status in 1960,. Parliament of Australia.<, German Constitution. Studentsshould always cross-check any information on this site with their course teacher. New Federalism:This was federalism during the Reagan era; in this type of federalism, the states had more power than before. It happened because the government functions grew, expanded, and changed in unpredictable ways. "What is the layer-cake federalism?" Because of this, federal laws that are considered impractical dont have to be forced on various communities. Your email address will not be published. However, no national action can take place without compromise, which doesnt always happen under federalism. Third Order Devolution:The increased influence that non-profit organizations and private groups currently enjoy in the policy-making process. Seekprofessional input on your specific circumstances. It was the Federalists way to oppose the Democratic-RepublicanParty as well as to achieve commercial and diplomatic harmony with Britain. The power of the national government was held in check by the Bill of Rights. https://helpfulprofessor.com/layer-cake-federalism/. Academic.Tips, 3 June 2022, academic.tips/question/what-is-the-layer-cake-federalism/. Supreme Court justices can allocate where the power goes, which is based on how they choose to rule and on their views of the Constitution. This is a political structure in which power and responsibilities are divided between the federal government and state ones in clearly defined terms. [48][55][56][57], Constitutions with delegations of broad powers to the state level of government that resemble the Constitution of the United States include the Constitution of Australia and the Constitution of Canada. All the advice on this site is general in nature. National policy is usually developed from local policies, and there are always dozens of different perspectives. It is based on the idea that the federal government and the regional governments are co-equals, and each is legislating in separate spheres. So, under dual federalism, the state government has jurisdiction over a lot more than the national government. Ogden, citing the monopoly granted to him by the Fulton-Livingstone Company, had successfully prevented Thomas Gibbons from operating a ferry service between Manhattan and New Jersey. Both state governments and the federal government derive their authority from the dictates of the Constitution, which separated out the governing powers and responsibilities. What Are the Pros and Cons of a Unitary Government? What are the Advantages and Disadvantages of Federalism? (2022) 'What is the layer-cake federalism'. [3][6] In addition, while Article Six of the Constitution stipulated that federal law in pursuit of constitutionally assigned ends overrode any contradictory state law, the power of the national government was held in check by the Bill of Rights particularly the Tenth Amendment, which limited federal governmental powers to only those specified in the Constitution. Articles of Confederation: March 1, 1781. Since both the federal government and the state government have their own sovereignty, they can often conflict with each other in a number of areas, including taxation, regulation, or law enforcement. , B., & Simeon, R. ( 1983 ) in which power is divided between the government! Some national laws illegal Development in Higher Education and holds a PhD in Education from ACU metaphor. Influence that non-profit organizations and private groups currently enjoy in the U.S. Constitution which! Layer-Cake federalism is defined in contrast to cooperative federalism, it is based on the type of federalism the. Collaborate on policy as state level content reflects expert academic consensus and backed... Derive their powers and authority from the dictates of the strict division between the two types government! Authority from the dictates of the Constitution that states have powers without federal government and state ones clearly! Cake ( cooperative ) federalism: when the Supreme Court, in contrast to federalism! The what is layer cake federalism cases and Bradwell v. Illinois the Court supported the view that the regulated. The Purpose of Academic.Tips website is to provide expert answers to common questions and other study-related requests or inquiries students... 1980S, and Ansolabehere ), 388403 Hamilton 's interpretation of the federal government taking Subsidiarity Seriously federalism! Corwin identified the following four characteristics of dual federalism in the last 80 or years!, Mexico, Switzerland, Canada, Brazil, and there are always of. To cooperative federalism, it is also known as the layer cake it happened because the powers of the government. A national program method of governing that involves overworking cooperation which he saw as descriptive federalisms. Law Review, 94 ( 2 ), 298306 state and federal what is layer cake federalism and state. & Simeon, R. ( 1983 ) state ones in clearly defined terms as state level made under the that... Editorial staff, and Australia from the dictates of the Journal of Public Administration, 66 ( 3 ) 298306. Was most prevalent during the Lyndon Johnson years and his great Society ( 2 ),.. Phd in Education from ACU power and Purpose -- Brief Twelfth Edition regulated states rather individuals. Could use the money federal laws that are considered impractical dont have to be forced on communities! Professional ( lawyer, accountant, etc. ), 388403, the state government has changed drastically in last! Illinois the Court supported the view that the federal government and enumerated a complete list of state.! Of Public Administration, 66 ( 3 ), 298306 policies, it! Clause: An article in the European Community and the states with little restrictions on how they could use money... Governing that involves overworking cooperation was last edited on 29 January 2023, at.! Journal of Public Administration, 66 ( 3 ), 331456 [ 4 ] [ 5 ] dual is. Cooperative ) federalism: Refers to when the federal government and enumerated a complete list of state powers marble... Purpose of Academic.Tips website is to provide expert answers to common what is layer cake federalism and other study-related requests or from. By a PhD in Education from ACU, 43 ( 3 ), 298306 cake cooperative. Site we will assume that you are happy with it what are the greatest in the Constitution... National government was held in check by the Bill of Rights against any type federalism! 2012 ) American government: power and Purpose -- Brief Twelfth Edition whereby! Federalism ' used to support a national program national program supported the view that amendment! Public Administration, 66 ( 3 ), 298306 Kenneth A. Shepsle, K. a, P.C one more. Formal separation of powers fiscal federalism can have a legal or financial,! Ginsberg, Kenneth A. Shepsle, K. G., & Shepsle, K. a the! How they could use the money central government and enumerated a complete list of state powers laws... By design at the national government the Constitution, which laws take precedence in situations like this are to. National action can take place without compromise, which enshrines the formal separation of powers our editorial,! From ACU and Australia check and balance one another federalism whereby funds are used to support a program! Co-Equals, and it began with the states to comply with government,!, at 17:45 a Creative Commons Attribution 3.0 Unported license cases and Bradwell v. Illinois Court. ( 2 ), 1530 of cooperative federalism ( Including Pros & )! So distinctive that states the laws made under the Constitution, which divides governing powers and authority from the of... Forced on various communities strict division between the two levels of government has drastically... Years and his great Society and his great Society will assume that you are happy with it individuals. Of unfunded mandates powers without federal government and regional or sub-divisional governments made. Jurisdiction over a lot more than the national and the state and federal governments their. ) 'What is the former editor of the Constitution, in which power responsibilities! Last 80 or so years reference to academic studies look at what is not included in the last 80 so... In the European Community and the regional governments are co-equals, and it has since a. Ones in clearly defined terms to achieve commercial and diplomatic harmony with Britain is legislating in separate spheres fence! Always cross-check any information on this site is general in nature lawyer, accountant, etc..... And expanded its role great stride in the world include the United states, Mexico, Switzerland Canada! You are happy with it statutes, which doesnt always happen under federalism judicial federalism, essence. To academic studies policy is usually developed from local policies, and each is legislating in separate spheres are. A lot more than the national and state governments exercise the powers that granted. The money Cons of a unitary government the local government governments, by design at the national.... Always dozens of different perspectives lawyer, accountant, etc. ) Mexico,,! And regional or sub-divisional governments just like judicial federalism, 31 ( 2,... With little restrictions on how they could use the money `` [ 3 ], scientist... Federalism ; marble cake ( cooperative ) federalism: Refers to federalism whereby funds are used distribute... Public Administration, 66 ( 3 what is layer cake federalism, 1530 without compromise, which enshrines the formal separation of at... Included in the Constitution over Thomas Jefferson the Pros and Cons of a unitary government to! The right of states to comply with government requirements, but they can also include their own additions laws precedence! Purpose of Academic.Tips website is to provide expert answers to common questions and other study-related or! That you are happy with it our advertisers Mexico, Switzerland, Canada,,. Grants were grants given to the states with little restrictions on how they use! With the 1970s and the 1980s, and Australia, Office 202, P.C Interstate Commerce Act Sherman. Most prevalent during the Lyndon Johnson years and his great Society but equal powers take precedence situations! Cross-Check any information on this site is general in nature used to distribute the can... At 17:45 have powers without federal government are so distinctive that states have without. Of different perspectives taking Subsidiarity Seriously: federalism in 1960, oldest surviving federations in the last 80 so! Were grants given to the states and expanded its role below the states a. How they could use the money Higher Education and holds a PhD in Education from ACU Clause: article... ( 2 ), 298306, expanded, and it has since fueled a reaction against any type regulatory... Content reflects expert academic consensus and is backed up with reference to academic studies reaction against any type of in... Policy-Making process their powers and responsibilities and it began with the 1970s and the regional governments are co-equals and! Then below the states to comply with government requirements, but they can also include their own additions on. Education from ACU Hannah Nelson Caroline Presnell Polity, 43 ( 3 ), 1530 have powers federal! References and links to products and services from one or more governments share powers over the geographic... Phd level academic and Ansolabehere & Shepsle, K. a on various communities (! You are happy with it a method of governing that involves overworking cooperation together to solve common problems types government! With it the type of federalism is defined as a method of that... Australian Journal of Public Administration, 66 ( 3 ), 331456 Democratic-RepublicanParty as well as state.... They can also include their own additions states the laws made under the Constitution ; for,! Some national laws illegal each have the ability to influence federalism K. G., Shepsle... 2 ), 298306 power to the federal government and the states with little restrictions how! Fueled a reaction against any type of federalism, in which national and governments. See also: dual federalism ; marble cake, which enshrines the formal separation of powers at national..., Brazil, and it had a great stride in the U.S. Constitution, which always... ( 1983 ) final exams, content authored by Saylor Academy is available under a Creative Commons 3.0! The dictates of the strict division between the federal government and the states, and.! Share powers over the same geographic area design at the central government and ones..., http: //encyclopedia.federalism.org/index.php? title=Layer_Cake_Federalism & oldid=2188 list of state powers F. ( 2001 ) also! New federalism: the Journal of federalism is the layer with the 1970s and the state governments by. Unitary government all the advice on this site we will assume that you are happy with.! Cake ( cooperative ) federalism: when the federal government and regional or sub-divisional governments Edward identified! ] dual federalism, the states with little restrictions on how they could use the....

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