US v. Lopez
national government tried to use commerce clause to regulate school districts; states got power back after
McCulloch v. Maryland
used supremacy clause to determine state couldn’t tax the bank (took power from states)
Gibbons v. Ogden
took power from states by regulating steamboat interstate commerce
Marbury v. Madison
established judicial review
dual federalism
national & state governments have clearly defined areas of power with little overlap
cooperative federalism
national government supports states efforts to address domestic matters
what would brutus 1 think of McCulloch v. Maryland?
brutus 1 would disagree because it took power from states
categorical formula grants
money for specific reason that’s defined by national government; comes with strings attached
block grants
state & local governments have more discretion in how to use the money (devolution)
mandates
statements in laws that require local / state governments to do things specified by national government; typically unfunded
federal system balance
two recognized levels over different matters; allows multiple access points to policy making
17th amendment
state senators are elected by the people of their states (state power)
10th amendment
gives powers to states that aren’t delegated to national government by constitution
conflicted federalism
hard to follow national laws because of state powers; conflicting elements
confederate system
weak organization of states agrees to follow a central government
unitary system
one central government controls weaker states; power isn’t shared
federal system
power is shared by a central government & states are given considerable self-rule
concurrent powers
powers that both national & state governments exercise
reserved powers
powers that belong exclusively to the national government
federalist 45
relays idea that state governments do retain power as the federal government relies on states to function
federalist 10
argues for federal government to minimize the damages of factions and prevent tyranny
federalist 51
argues for separation of powers and checks & balances to prevent tyranny from any one branch