AP GOV UNIT 1: Federalism

CRAMMINGGGGGG

Delegated/expressed/enumerated power

specifically given in the Constitution

Implied Powers

Inferred from Constitution

• Necessary and Proper Clause/Elastic Clause

Inherent powers

Powers that exist bc gov is sovereign

14th Amendment

• Due process (Natural rights life, liberty, property)

• Selective incorporation

• Privileges and immunities

• Equal protection

Full faith and Credit Clause (Article IV)

States must recoginize laws and legal docs of other states

Privileges and Immunities (Article IV)

A state cannot discriminate against those from other states

• they are allowed to buy, sell, and hold property

Extradition

States may return run-away criminals to the states they came from

Interstate Compacts

State may make agreements and work tgther

Dual Federalism (1789-1932)

aka layer cake federalism

• each level is separate

• diff levels had diff roles

Cooperative Federalism (FDR)

marble cake federalism

• increased fed gov spending and assistance on public programs

• fed gov gives states money to carry out their ideas

• increased fed gov power

New Federalism (NIxon, Regan, H.W. Bush)

opposite of cooperative federalism

• devolution= states have more freedom and authority to take action on public programs (reversing cooperative federalism)

• increased state power

Fiscal Federalism

using taxing/spending policies to influence states through grants/withholding $ to pay for programs

• grants-in-aid

• categorical grants

• block grants

• revenue sharing

• mandates

grant-in-aids

money and resources provided by fed gov to state and local gov that are used for SPECIFIC PROJECTS or PROGRAMS

• public works such as canals, roads, and railroads

• land grants for state colleges

categorical grants

have a specific purpose defined by law

• sewage treatment facilities

• school lunch programs

• project grants (awarded from competitive applications, such as university research grants)

• formula grants (awarded based on an established formula such as Medicaid)

block grants

used for a variety reason in a BROAD category

• education, health care, or public services

• fewer strings attatched, more freedom for states to spend the way they want (states like this grant more than categorical grants for this reason)

revenue sharing (popular under Nixon admin)

• proposed by Johnson admin

• “a no strings attached” form of aid to state and local govs

• could be used for almost any porject, but never exceeded more than 2% of revenue

• elimanated during Reagan admin

mandates

requirements set by fed gov on to state and local govs

• Americans with Disabilities Act (1990)= public facilities must be accessible for disabled people

• Often unfunded

• Unfunded Mandate Reform Act, imposed limits on Congress’ ability to pass unfunded mandate legislation