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Which statements reflect Supreme Court decisions that favored cooperative federalism?

A. The national government has the power to establish a bank.

B. Neighboring states can establish their own trade agreements.

C. A state government cannot tax a national bank.

D. States can tax farm equipment imported from other states.

E. A national law can protect the rights of workers in all states.

我的答案 ACE 正确答案 ACE

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    A:"One such case was McCulloch...addressed the question of whether the national government had power...yes,  it could establish a bank, a national institution. " 明确提到 1819 年的麦卡洛克诉马里兰州案,最高法院在该案中判定联邦政府有权力设立银行,这体现了联邦政府的权力,是支持合作联邦制的典型案例,因为合作联邦制强调联邦政府权力相对较大,在一些事务上可以行使权力,而此判决正体现了这一点,因此A正确
     
    B:讲座中 1824 年的吉本斯诉奥格登案(Gibbons v. Ogden)明确指出,最高法院裁定纽约州不能授予某汽船公司跨州航运垄断权,并强调影响两个州的商业事务归联邦政府管辖。这意味着州政府无权自行制定跨州贸易协议,选项 B 与该判决矛盾,且未体现联邦权力优先,因此 B 错误。


    C:"The court further ruled that this national bank could not be taxed by the state in which it was located"同样是在麦卡洛克诉马里兰州案中,最高法院进一步裁决国家银行不能被其所在的州征税,这限制了州政府的权力,突出了联邦政府的权力高于州政府在特定事务上的权力,符合合作联邦制的特点,即联邦政府在与州政府权力互动中占据优势地位,因此C正确


    D:讲座中未提及任何州政府可对跨州进口设备征税的内容。相反,结合经济 interdependence(相互依赖)的背景及合作联邦制的逻辑,跨州贸易相关权力归联邦政府,州政府无权随意征税,因此D错误


    E:“For example, in 1935, a national law gave employees and all states the right to bargain collectively in disputes... but now they saw it differently"  ,文中指出 1935 年的一项国家法律赋予了所有州的员工在劳资纠纷中集体谈判的权利,而最高法院以前认为这类法律侵犯了州政府监管企业的权利,但现在观点不同了,即认可了联邦政府通过国家法律来保障全国范围内工人权利的做法,因此E正确 

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listen to part of a lecture in a United States government classThe United States has what\'s called a federal government.In a federal system of government, the power to make laws and regulations is divided between a national government and smaller political units, states in this case.There are two views of how those powers should interact with one another.One view is called dual federalism.Dual federalism holds that the national and state governments both have clearly defined powers, though the national government\'s power is quite limited.The other perspective is cooperative federalism.Cooperative federalism asserts that the national government\'s power over the states is not so clearly limited, in fact, that it\'s not clearly defined.At times, national and state governments work together cooperatively, but the national government can also impose its power over the states.Why two competing points of view?After all, the United States Constitution spells out the powers of the national government, but the Constitution\'s a relatively short document.A lot of it\'s open to interpretation.In fact, those who wrote it wanted it that way to allow for flexibility.There are actually passages in the Constitution that can support either view of federalism.So from time to time, there are clashes between dual and cooperative applications of federalism.And when that happens, the United States Supreme Court, the country\'s highest court, decides who has the power in a given situation, the state governments or the national government.And decisions made by the Supreme Court are binding on the entire nation.Throughout much of US history, until the 20th century, Supreme Court decisions generally favored dual federalism, deciding that the national government should not infringe on state\'s power.But there were a few early Supreme Court decisions that did favor national power.One such case was McCulloch v. Maryland in 1819.McCulloch v. Maryland addressed the question of whether the national government had power to establish a bank.The Supreme Court said yes, it could establish a bank, a national institution.The court further ruled that this national bank could not be taxed by the state in which it was located.This decision supported the cooperative Federalist view.Another significant early case favoring cooperative federalism, Gibbons v. Ogden was decided in 1824.In Gibbons v. Ogden, the state of New York wanted to give one Steamboat Company the exclusive right to ferry passengers across the river between New York and the neighboring state of New Jersey.The Supreme Court ruled that New York could not make decisions affecting the interests of another state, that a business affecting two states came under the power of the national government.So again, a Supreme Court ruling favored national power.But these cases were really exceptions.We wouldn\'t see an overall shift towards cooperative federalism until the 1930s.To explain the timing of this shift, let\'s consider the economy at that time.In the decades leading up to the 1930s, the US economy became increasingly interdependent.What do I mean by that?Well, there were major population shifts from rural farming areas to cities where factories were springing up.So rather than growing their own food, people bought it at grocery stores, which in turn relied on distant farms for the food they sold.Those farms, which might be in a different state, were using equipment made in factories in yet another state.That\'s just one example of economic interdependence.Everyone played a part in an expanding economic network.In 1929, a stock market crash sent the nation\'s economy into a depression known as the Great Depression.The new economic interdependence meant that a crisis in one sector of the economy, the finance industry, rippled through the entire economy.Unemployment became widespread.Now, helping the unemployed and others in need had always been a responsibility of state governments, but suddenly those governments no longer had the resources to help.So the Supreme Court began supporting laws that gave the national government more power.For example, in 1935, a national law gave employees and all states the right to bargain collectively in disputes between labor and management.In the past, the High Court had viewed such laws as infringing on the rights of states to regulate businesses, but now they saw it differently.This trend away from dual federalism and toward cooperative federalism has continued, but a dynamic tension between the two also continues.And this tension, this struggle between the opposing views, is actually very useful, because it prevents either the national government or state governments from gaining too much power.