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Dual Federalism
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. Dual federalism is defined in contrast to cooperative federalism ("marble-cake federalism"), in which federal and state governments collaborate on policy. United States Constitutional origin 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.Lowi, et al. (2012) American Government: Power and Purpose -- Brief Twelfth Edition. W.W. Norton and Company p.26-27 Fueled by Shays' Rebellion and an economy faltering under the inability of the federal government to pay the d ...
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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 variety of issues and programs. In the United States In the American federal system, there are limitations on national government's ability to carry out its policies through the executive branch of state governments. For example, in ''Printz v. United States'', 521 U.S. 898 (1997) the Court held that the national government could not directly require state law enforcement officers to conduct background checks under the Brady Handgun Violence Prevention Act legislation. The court explained that prior decisions warned that "this Court never has sanctioned explicitly a federal command to the States to promulgate and enforce laws and regulations." And yet, there are significant advantages in a federal system to obtain state assistance in the local implementation of federal programs. Implementing such programs th ...
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New Jersey Plan
The New Jersey Plan (also known as the Small State Plan or the Paterson Plan) was a proposal for the structure of the United States government presented during the Constitutional Convention of 1787. Principally authored by William Paterson of New Jersey, the New Jersey Plan was an important alternative to the Virginia Plan proposed by James Madison and Edmund Randolph of Virginia. The less populous states were strongly opposed to the bicameralism and proportional apportionment of Congress by population called for in the Virginia Plan. Less populous states were concerned that the Virginia Plan would give substantial control of the national government to the more populous states. In response, the less populous states proposed an alternative plan that would have retained the one-vote-per-state representation under one legislative body from the Articles of Confederation. Following the defeat of the New Jersey Plan, Paterson and Madison's proposals were reconciled through the Connecti ...
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Margaret Morgan (slave)
Margaret Morgan (between 1800 and 1805–after 1837) was an African American woman who was born to former slaves. They were considered free by their slaveholder, but they had not received an official manumission, deed of manumission. They lived on their former slaveholder's property, where they then had a daughter, Margaret. After she was married and had children, her family was taken from her home in the middle of the night around late March 1837 at the request of the former slaveholder's widow, Margaret Ashmore. Morgan became the subject of legal cases at the county, state and national level from 1837 to 1842. ''Prigg v. Pennsylvania'' was tried before the United States Supreme Court and the four men who apprehended Morgan and her children were found to be not guilty. The result of the decision meant that it would be easier for slaveholders to capture former slaves in free states and it would be difficult for Pennsylvania to prosecute the 1826 Personal liberty laws, personal l ...
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Prigg V
Prigg is a surname. Notable people with this surname include: * Frederick Prigg (1812–1849), English-American physician * Wally Prigg (1908–1980), Australian rugby league footballer See also * '' Prigg v. Pennsylvania'', 1842 United States Supreme Court case * Prig In British English, a prig () is a person who shows an inordinately zealous approach to matters of form and propriety—especially where the prig has the ability to show superior knowledge to those who do not know the protocol in question. They se ...
, an insult {{surname ...
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Nullification (U
Nullification may refer to: * Nullification (U.S. Constitution), a legal theory that a state has the right to nullify any federal law deemed unconstitutional with respect to the United States Constitution ** Nullification crisis, the 1832 confrontation between the U.S. government and South Carolina over the latter's attempt to nullify a federal law *** Ordinance of Nullification, declared the Tariffs of 1828 and 1832 null and void within the state borders of South Carolina * Jury nullification Jury nullification, also known as jury equity or as a perverse verdict, is a decision by the jury in a trial, criminal trial resulting in a verdict of Acquittal, not guilty even though they think a defendant has broken the law. The jury's reas ..., a legal term for a jury's ability to deliver a verdict knowingly in contradiction to written law * Nullification (body modification), short for "genital nullification", a member of an extreme body modification subculture See also * Annih ...
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Tariff Of Abominations
The Tariff of 1828 was a very high protective tariff that became law in the United States on May 19, 1828. It was a bill designed to fail in Congress because it was seen by free trade supporters as hurting both industry and farming, but it passed anyway. The bill was vehemently denounced in the South and escalated to a threat of civil war in the nullification crisis of 1832–33. The tariff was replaced in 1833, and the crisis ended. It was called the "Tariff of Abominations" by its Southern detractors because of the effects it had on the Southern economy. It set a 38% tax on some imported goods and a 45% tax on certain imported raw materials. The manufacturing-based economy in the Northeastern states felt that it was suffering from low-priced imported manufactured items from Britain. The major goal of the tariff was to protect the factories by taxing imports from Europe. Southerners from the Cotton Belt, particularly those from South Carolina, felt they were harmed direc ...
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Origins Of The American Civil War
The origins of the American Civil War were rooted in the desire of the Southern United States, Southern states to preserve and expand the Slavery in the United States, institution of slavery. Historians in the 21st century overwhelmingly agree on the centrality of slavery in the conflict. They disagree on which aspects (ideological, economic, political, or social) were most important, and on the Union (American Civil War), North's reasons for refusing to allow the Southern states to secede. The pseudo-historical Lost Cause of the Confederacy, Lost Cause ideology denies that slavery was the principal cause of the secession, a view disproven by historical evidence, notably some of the seceding states' own Ordinance of Secession, secession documents. After leaving the Union, Mississippi issued a declaration stating, "Our position is thoroughly identified with the institution of slavery—the greatest material interest of the world." Background factors in the run up to the Civil War ...
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Protectionism
Protectionism, sometimes referred to as trade protectionism, is the economic policy of restricting imports from other countries through methods such as tariffs on imported goods, import quotas, and a variety of other government regulations. Proponents argue that protectionist policies shield the producers, businesses, and workers of the import-competing sector in the country from foreign competitors and raise government revenue. Opponents argue that protectionist policies reduce trade, and adversely affect consumers in general (by raising the cost of imported goods) as well as the producers and workers in export sectors, both in the country implementing protectionist policies and in the countries against which the protections are implemented. Protectionism has been advocated mainly by parties that hold economic nationalist positions, while economically liberal political parties generally support free trade. There is a consensus among economists that protectionism has a ...
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Monopoly
A monopoly (from Greek language, Greek and ) is a market in which one person or company is the only supplier of a particular good or service. A monopoly is characterized by a lack of economic Competition (economics), competition to produce a particular thing, a lack of viable substitute goods, and the possibility of a high monopoly price well above the seller's marginal cost that leads to a high monopoly profit. The verb ''monopolise'' or ''monopolize'' refers to the ''process'' by which a company gains the ability to raise prices or exclude competitors. In economics, a monopoly is a single seller. In law, a monopoly is a business entity that has significant market power, that is, the power to charge Monopoly price, overly high prices, which is associated with unfair price raises. Although monopolies may be big businesses, size is not a characteristic of a monopoly. A small business may still have the power to raise prices in a small industry (or market). A monopoly may als ...
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Gibbons V
Gibbons may refer to: * Gibbon, an ape in the family Hylobatidae * Gibbons (surname) * Gibbons, Alberta Gibbons is a town in central Alberta, Canada. It is located on Alberta Highway 28A, Highway 28A, northeast of Edmonton. Gibbons is situated on the southern banks of the Sturgeon River (Alberta), Sturgeon River which is a major tributary of the ... * Gibbons (automobile), a British light car of the 1920s * Gibbons P.C., a leading American law firm headquartered in New Jersey * Gibbons, a character from '' Tom Goes to the Mayor'' See also * '' Gibbons v. Ogden'', an 1824 United States Supreme Court case * Justice Gibbons (other) * Gibbon (other) * {{disambig ...
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Necessary And Proper Clause
The Necessary and Proper Clause, also known as the Elastic Clause, is a clause in Article I, Section 8 of the United States Constitution: Since the landmark decision '' McCulloch v. Maryland'', the US Supreme Court has ruled that this clause grants implied powers to US Congress in addition to its enumerated powers. Background According to the Articles of Confederation, "each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation ''expressly'' delegated" (emphasis added). Thus, the Continental Congress had no powers incidental to those "expressly delegated" by the Articles of Confederation.Vile, John (2005). The Constitutional Convention of 1787: A Comprehensive Encyclopedia of America's Founding', Volume 1, p. 591. ABC-CLIO. By contrast, the Necessary and Proper Clause expressly confers incidental powers upon Congress; no other clause in the Constitution does so by itself. The draft clause provo ...
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McCulloch V
McCulloch is a Scottish surname, commonly found in Galloway, and usually associated with Clan MacCulloch. It may be etymologically related to the Irish surname McCullough. Notable people with the surname include: * Abbey McCulloch (born 1990), Australian netball player * Alan McCulloch (politician), New Zealand politician * Alan McLeod McCulloch (1907–1992), Australian cartoonist, painter, writer, art critic, art historian and gallery director *Allan Riverstone McCulloch (1885–1925), Australian zoologist * Andrew McCulloch (footballer) (fl. 1970-1985), British soccer player * Andrew McCulloch (writer and actor) (born 1945), British television writer and actor * Andrew McCulloch (drummer) (born 1946), British drummer for King Crimson and others * Benjamin McCulloch (1811–1862), American Civil War soldier *Bruce McCulloch Bruce Ian McCulloch (born May 12, 1961) is a Canadian actor, comedian, writer, musician and film director. McCulloch is best known for his work as a m ...
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