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Marble Cake Federalism vs. Layer Cake Federalism

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by

Parke Kissner

on 19 May 2015

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Transcript of Marble Cake Federalism vs. Layer Cake Federalism

Division of Government
Sources
Marble Cake Federalism
McCullough v. Maryland
Contrasting Views
Layer Cake Federalism
http://definitions.uslegal.com
http://www.conservapedia.com
www.oyez.org
lawguides.scu.edu
Marble Cake Federalism, also known as cooperative federalism, is a form of federalism where there is mixing of powers, resources, and programs between and among the national, state, and local governments.
The “marble cake” metaphor suggests that the national and state governments are highly interwoven and interdependent. According to this view, the national government and state governments are not adversaries, but rather different levels of government pursuing largely the same goals. Dual federalism, also referred to as 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.
Layer cake federalism is a term used by some political scientists to illustrate dual federalism. Dual federalism is similar to a layer cake because it works on the principle that the federal and state governments are divided into their own spheres, and there is always tension in federal-state relations.
By Parke Kissner
Online AP Gov
Marble Cake Federalism vs. Layer Cake Federalism
In the landmark Supreme Court case , Chief Justice John Marshall handed down one of his most important decisions regarding the expansion of Federal power. This case involved the power of Congress to charter a bank, which sparked the even broader issue of the division of powers between state and the Federal government. In 1816 Congress established the Second National Bank to help control the amount of unregulated currency handed out by state banks. Many states questioned the constitutionality of the Nation Bank and Maryland set a precedent by requiring taxes on all banks not chartered by the state. In 1818 the state of Maryland approved legislation to impose taxes on the Second National Bank chartered by Congress.
Federal/State Powers in Commerce
When it comes to commerce, interstate commerce is regulated by the Federal goverment while intrastate commerce is regulated by the state government.
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