apgov unit 1 part 3 federalism

federalism

power shared between national and state governments

benefits of federalism

preserve state strength, strengthen national gov/improve articles, opposite of unitary(british model)

national government powers

delegated, implied, and inherent

delegated powers

specifically stated in constitution

implied powers

not expressly stated, but implied

clause associated with implied powers

necessary and proper clause

inherent powers

not expressed, but inherent in any sovereign nation

state government powers

reserved

reserved powers

given to the state government alone

amendments associated with reserved powers

11th amendment (suing with state consent) and 21st amendment (regulation of alcohol)

police power

regulate health, safety, and welfare

exclusive powers

only exercised by national government

concurrent powers

shared by national and state governments

supremacy clause

article vi: federal laws and constitution take precedence over state

commerce clause

article i: congress regulates foreign commerce

necessary and proper clause

article i: congress can make laws necessary to execute powers vested by constitution

layer cake/dual federalism

national government exercising power independently from states

marble cake/cooperative federalism

states and the national government work together by sharing powers

revenue sharing

federal sharing of a fixed percentage of its revenue with the states - virtually no strings attached

categorical grants

federal grants used only for specific purposes, or "categories," of state spending

block grants

grants that states spend within broad guidelines determined by the federal government - increasing number of strings attached

project grants

federal grants given for specific purposes and awarded on the basis of the merits of applications

mandates

federal government requirement or an order from the national government that all states and localities must comply with

2 biggest policy areas for national mandates

the environment and civil rights

interstate compacts

agreements between states or a state and a foreign nation

full faith and credit clause

article iv: contracts made in one state will be binding and enforceable in any other state

privileges & immunity clause

article iv: states cannot discriminate against one another's citizens

extradition

legal process by which a fugitive from justice in a state is returned to that state to face trial

republicans and the states usually support...

layer cake model and block grants

democrats and the national government usually support...

marble cake model and categorical grants

mcculloch v. maryland clauses

necessary and proper clause and supremacy clause

us v lopez clause

commerce clause

mcculloch v maryland facts

The U.S. Congress created the Second Bank of the United States. Maryland didn’t like the bank and imposed a tax on it. James McCulloch, a cashier at the Baltimore branch of the bank, refused to pay the tax. Did Congress have the power to create the bank, and could Maryland tax it?

us v lopez facts

A high school student, Alfonso Lopez, brought a concealed gun to school in Texas. He was charged under the Gun-Free School Zones Act of 1990. Lopez's defense argued that the Gun-Free School Zones Act exceeded Congress's authority under the Commerce Clause of the U.S. Constitution, which grants Congress the power to regulate commerce among the states. Does Congress have the authority under the Commerce Clause to regulate gun possession in school zones?

baker v carr clause and principle

equal protection clause and separation of powers

mcdonald v chicago clause and amendment

privileges and immunities clause/due process clause and 2nd amendment

baker v carr facts

Despite significant population changes, Tennessee had not redrawn its legislative districts. Charles Baker, a resident of an urban district, argued that his vote was being diluted due to the outdated district lines, violating the Equal Protection Clause. Joe Carr, a TN state official, argued that redistricting was a political question and not something courts could decide. Do federal courts have the authority to hear cases for issues related to the apportionment of state legislative districts under the Equal Protection Clause?

mcdonald v chicago facts

Otis McDonald, a Chicago resident, wanted to own a handgun for self-defense but was unable to due to Chicago’s strict gun control laws, which effectively banned handgun ownership.

McDonald filed a lawsuit against the City of Chicago, arguing that the city’s law violated his 2nd Amendment rights. He claimed that the 2nd Amendment should apply to state and local governments, not just the federal government. Does the Second Amendment apply to state and local governments through the Fourteenth Amendment's Due Process Clause?