Federalism

Federalism*

A system in which power is divided between the national and state governments

Constitutional Provisions That Guide Federalism

-Article I, Section 8- Enumerated

-Article I, Section 9- Powers denied Congress

-Article I, Section 10- Powers Denied States

-Article IV- Interstate Relationships

-Article VI- Supremacy Clause

-Ninth Amendment- Powers Retained by People

-Tenth Amendment- Powers retained by States

Full faith and credit

Constitution's requirement that each state accept the public acts, records, and judicial proceedings of every other state

Privileges and Immunities

A clause in Article IV, Section 2, of the Constitution according citizens of each state most of the privileges of citizens of other states.

Supremacy Clause

Article VI of the Constitution, which makes the Constitution, national laws, and treaties supreme over state laws when the national government is acting within its constitutional limits.

Equal Protections Clause

Portion of the 14th amendment which states that every citizen in the United States receives equal protection under the law; legislation may not be imposed to disadvantage a particular group.

Police powers*

state power to effect laws promoting health, safety, and morals

Tenth Amendment*

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Delegated powers

Powers specifically given to the federal government by the US Constitution, for example, the authority to print money.

Reserved powers

Powers not specifically granted to the federal government or denied to the states belong to the states and the people

Concurrent powers

Powers held jointly by the national and state governments.

Compact theory

The political theory on which Jefferson and Madison based their antifederalist resolutions declaring that the thirteen sovereign states had created the Constitution

Nullification

The doctrine that a state can declare null and void a federal law that, in the state's opinion, violates the Constitution. Now generally considered an unconstitutional theory

Dual Federalism

A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies.

selective exclusiveness

Legal doctrine that states that when the commerce at issue requires national, uniform regulation, only Congress may regulate it

Federal Grant Program

A program through which the national government gives money to state and local governments to spend in accordance with set standards and conditions

Grants-in-aid

programs through which Congress provides money to state and local governments on the condition that the funds be employed for purposes defined by the federal government

Categorical grants

Federal grants that can be used only for specific purposes, or "categories," of state and local spending. They come with strings attached, such as nondiscrimination provisions.

Block grants

federal grants-in-aid that allow states considerable discretion in how the funds are spent

New Federalism*

Federal-state relationship proposed by Reagan administration during the 1980s; hallmark is returning administrative powers to the state governments. Why state experiences with Medicare/Medicaid/ ACA can vary so widely

Mandates*

terms set by the national government that states must meet whether or not they accept federal grants

unfunded mandates

Programs that the Federal government requires States to implement without Federal funding.

Americans with Disabilities Act (ADA)

Legislation passed in 1990 that prohibits discrimination against people with disabilities. Under this Act, discrimination against a disabled person is illegal in employment, transportation, public accommodations, communications and government activities. Unfunded Mandate that created construction requirements/ changes for MOST/ALL local govt buildings.

Devolution*

Transferring responsibility for policies from the federal government to state and local governments.

Social welfare

A nation's system of programs, benefits, and services that help people meet those social, economic, educational, and health needs that are fundamental to the maintenance of society.

Mandatory spending

Federal spending required by law that continues without the need for annual approvals by Congress.

Entitlements

A claim for government funds that cannot be abridged without violating the rights of the claimant; for example, social security benefits or payments on a contract.

Social Security Act*

(FDR) 1935, guaranteed retirement payments for enrolled workers beginning at age 65; set up federal-state system of unemployment insurance and care for dependent mothers and children, the handicapped, and public health

Medicare and Medicaid*

Great Society programs (LBJ) that guaranteed healthcare for specific groups, medicare for 65 and older, and medicaid for poor

Health Care*

goods and services, such as prescription drugs, consultations with a doctor, and surgeries, that are intended to maintain or improve a person's health

Patient Protection and Affordable Care Act

This is the health care reform law. Focuses on reform of the private health insurance market; providing better coverage for those with pre-existing conditions; improving prescription drug coverage in Medicare.

No Child Left Behind (NCLB)

Federal legislation that requires annual testing in grades 3 through 8 plus high school, requires schools to make adequate yearly progress, and provides assistance to schools not meeting standards.

1. Annual testing

2. Disaggregated reporting of scores.

3. Adequate yearly progress.

4. Consequences for not meeting AYP.

Race to the Top

Obama's initiative that requires students to be college or career ready upon graduation. Modified requirements of NCLB

ESSA

Every Student Succeeds Act. Further and more substantively modified NCLB, without eliminating the testing requirements.

McCulloch v. Maryland (1819)

Required Case. The Supreme Court upheld the power of the national government and denied the right of a state to tax the federal bank using the Constitution's supremacy clause. The Court's broad interpretation of the necessary and proper clause paved the way for later rulings upholding expansive federal powers

Gibbons v. Ogden (1824)

Related Case. The Supreme Court upheld broad congressional power to regulate interstate commerce. The Court's broad interpretation of the Constitution's commerce clause paved the way for later rulings upholding expansive federal powers.

Wickard v. Filburn (1942)

Related Case. The Court maintained that Congress' power extends even to intrastate commerce if interstate commerce could be affected by it. Also stated that individual non-activity in the marketplace is actionable if that activity could have a substantial effect on interstate commerce when taken in the aggregate.

U.S. v. Lopez (1995)

Required Case. Gun Free School Zones Act exceeded Congress' authority to regulate interstate commerce.

Heart of Atlanta Motel v. US (1964)

Related Case. Congress has the right the prohibit racial discrimination in places of public accommodation through the Commerce Clause because the interstate movement of people is "commerce." Even if the public accommodation is of a purely "local" character, Congress' power to regulate interstate commerce extends to local incidents thereof which might have a substantial and harmful effect on that commerce

Gonzalez v. Raich (2005)

Related Case. The COMMERCE CLAUSE of the Constitution allows Congress to BAN homegrown MARIJUANA even when for MEDICAL USE and allowed by the states. Again based on aggregation principle.