APGOV:Federalism (version 1)

Federalism

A system of government described as a 'tug-of-war' between state and federal governments. It is considered an American invention designed to govern large, diverse places.

Constitutional Basis of Federalism

Acknowledges that although the term isn't in the Constitution, it is clearly defined by the enumerated, concurrent, and reserved powers of national and state governments.

Dual Federalism

layered cake,characterized by "fairly strict division of power between the federal and state governments" from the Constitution's ratification until the 1930s. Each level had "separate spheres" of authority, with clear boundaries.

Confederation

a way of organizing a nation where almost all power resides with the states, and the federal government is weak

Unitary System

Most nations operate under this system, where the federal government holds the primary authority.

Enumerated powers

Powers explicitly granted to the federal government by the Constitution, such as declaring war, conducting foreign policy, coining money, and taxing interstate commerce

Implied powers

Powers not specifically stated in the Constitution but justified by the Necessary and Proper Clause (Elastic Clause) to carry out enumerated powers. ex:the power to create a national bank

Inherent powers

governmental authorities not explicitly mentioned in the Constitution but are considered necessary for the government to function effectively

Reserved powers

Powers that the states have, as established by the Tenth Amendment,including regulating intrastate commerce, organizing local governments, and handling education, public health, and welfare issues

Concurrent powers

Powers shared by both federal and state governments, such as taxation,spending for the general welfare, and creating legislation.

Supremacy Clause (Article VI)

Establishes that the federal laws and the Constitution are supreme over state laws when the two are in conflict.

Commerce Clause

grants Congress the power to regulate commerce among states, foreign nations, and Native American tribes, expanding Federal power.

Necessary and Proper Clause (Elastic Clause)

gives Congress the power to make laws that are "necessary and proper" for carrying out its enumerated powers

Full Faith and Credit Clause (Article IV)

Describes one of the general obligations states have to each other under the Constitution, mandating that documents issued in one state are recognized as legitimate in other states.

Tenth Amendment

Establishes the reserved powers of the states.

Elastic Clause

Another name for the Necessary and Proper Clause, grants Congress the power to make any laws needed to carry out its enumerated powers

McCulloch v. Maryland (1819)

A case associated with the interpretation of the Necessary and Proper Clause.

Civil Rights Act (1964)

An example of legislation interpreted broadly under the Commerce Clause.

Nationalist position

A key argument in favor of federal supremacy over state laws.

State laws

About 90% of laws followed are state laws, with federal laws applying in federal spaces.

Environmental laws

Mandates often flow from the Commerce Clause, especially where pollution crosses state borders.

Professional licenses

Documents that are not recognized under the Full Faith and Credit Clause.

Balance of power

The ongoing debate regarding the distribution of authority between national and state governments.

Defense of Marriage Act (DOMA)

An example of legislation regarding same-sex marriage, later addressed by a SCOTUS ruling in June 2015.

Privileges and Immunities Clause

Describes one of the general obligations states have to each other under the Constitution, ensuring same legal protection and treatment with numerous exceptions.

Due Process Clause (14th Amendment)

Makes incorporation of the Bill of Rights possible and guarantees the right to marry as one of the fundamental liberties it protects, applying equally to same-sex and opposite-sex couples.

Equal Protection Clause (14th Amendment)

Ensures equal application of law for all, with mandates often flowing from this clause, particularly for civil rights.

10th Amendment (Reservation Clause)

States have power.

13th Amendment

Abolished slavery.

14th Amendment

Contains the Due Process Clause and Equal Protection Clause.

15th Amendment

Granted voting rights to black males over 21.

Interstate relations

Describes the general obligations that each state has to every other state under the Constitution.

Horizontal Federalism

Refers to relations among states, covered in Article IV of the Constitution.

Extradition

The expectation that criminals are sent back to the place where the crime was committed to stand trial.

Cooperative Federalism

A system where the distribution of power between federal and state governments reflects society's needs, often seen through grants, incentives, and aid programs, described as a 'marble cake' model.

Fiscal Federalism

The transfer of money from the national government to state and local governments (Grant-In-Aids)

Grants-in-aid

The transfer of money from the national government to state and local governments.

Categorical Grants

Give money to the states but specify the category of activity for which the money must be spent and define how the program should work, making them 'conditional grants'.

Block Grants

Give money to the states for more general purposes and with fewer rules, also making them 'conditional grants'.

General Revenue Sharing

Money given to the states with no rules; it was short-lived.

Conditions on Aid (Conditional Grants)

Requirements attached to categorical and block grants.

Mandates

A demand that states carry out certain policies, even when little or no national government aid is offered.

Unfunded Mandates

Mandates that involve no aid or less aid than compliance will cost.

Unfunded Mandates Reform Act

A key federalism legislation regarding unfunded mandates.

Preemption

A doctrine based on the Supremacy Clause stating that federal statutes and rules must prevail over state statutes and rules when the two conflict.

Judicial Review/interpretation

The power of the supreme court review/interprete national and state laws.

Marbury v. Madison (1803)

Established national judicial review.

Fletcher v. Peck (1810)

Established state judicial review.

United States v. Lopez (1995)

A Supreme Court case that overturned a federal gun ban at schools and background checks, seen as a move of devolution.

Heart of Atlanta Motel v. US

A Supreme Court case related to the balance of power.

Gonzales v. Raich

A Supreme Court case related to the balance of power.

Gibbons v. Ogden

A Supreme Court case that expanded the power of the national government to regulate interstate commerce.

Interstate Commerce Act 1887

Regulated railroads and increased national government administration of western lands.

Sherman Antitrust Act 1890

Addressed monopolies.

Federal Reserve Act 1913

established the Federal Reserve System, the central banking system of the United States, to create a safer, more flexible financial system and stabilize the economy

Federal Trade Commission Act 1914

Transition to corporate companies and stock market.

1964 Civil Rights Act

Broadly interpreted the Commerce Clause.

Violence Against Women Act (2000)

Partially invalidated by the Rehnquist Court as a move of devolution.

Americans with Disabilities Act (2001)

Partially invalidated by the Rehnquist Court as a move of devolution.

Brady Bill

Legislation mentioned in the context of federal acts.

Clean Air Act

Legislation mentioned in the context of federal acts.

National Voter Registration Act (Motor Voter Act)

Legislation mentioned in the context of federal acts.

No Child Left Behind Act

A federal mandate under George W. Bush that required testing, leading to increased burdens on state governments and funding for implementation.

Patriot Act

Passed after 9/11, it increased federal spending on law enforcement, weaponry, bank oversight, and intelligence gathering.

Affordable Care Act (Obama Care)

Represents the largest expansion of government power since the Great Society programs of the 1960s.

Devolution

The redistribution of powers from national to state governments, prominent in the 1980s and 1990s under Presidents Reagan, George H.W. Bush, and Bill Clinton. George W. Bush later ended this trend, leading to a reassertion of national power.

Compassionate Conservatism

George W. Bush's policy approach that aimed to end abortion, protect the 'nuclear family,' enhance education, push people off welfare into the job market, cut taxes, and loosen environmental controls, leading to an increase in federal government power.

States Rights Position

Proponents emphasize that the Constitution was ratified by the states and can be amended by them, highlighting the Tenth Amendment/Reservation Clause and advocating for dual federalism. Historical figures include Thomas Jefferson and Southern Secessionists.

New Deal

Franklin D. Roosevelt's programs in the 1930s that led to new federal regulations and agencies like the FCC, CAB, SEC, FPC, and NLRB, and the establishment of Social Security.

Great Society

President Lyndon B. Johnson's programs in the post-war period aimed at eliminating poverty among ethnic and racial minorities, contributing to the Civil Rights Movement.

Regulatory Revolution

Increased federal activity in environmental protection.

The Great Recession (2008-2010)

Led to significant federal actions, including a $700 billion financial rescue package, expanded power for the Treasury Department and Federal Reserve, the auto industry bailout, and a $787 billion stimulus for states.

Federalist No. 10

Discusses 'factions'.

Federalist No. 51

Explains the implications of separation of powers and 'checks and balances' for the U.S. political system.

Factions

Groups of citizens, whether a majority or minority, united by a common interest that opposes another group

Census

A count of every person in the country required by the Constitution every 10 years to re-evaluate how many representatives each state has in the House.

Nullification

The idea that states can invalidate federal laws they deem unconstitutional.

Interstate Compacts (Article I, Section 10)

Agreements between states, requiring Congressional approval.

Rehnquist Court

A period during the Supreme Court where there was a move towards devolution, overturning federal laws like the gun ban at schools and partially invalidating others like the Violence Against Women Act and Americans With Disabilities Act.

Supplemental Nutrition Assistance Program (SNAP)

A federal program mentioned as a key federalism legislation example.

Temporary Assistance for Needy Families (TANF)

A federal program mentioned.

Medicaid

A government health program for low-income individuals, which saw increased burdens on state governments due to mandatory spending under George W. Bush. States received help to pay for Medicaid during the Great Recession stimulus.

Medicare

A federal health insurance program, under which George W. Bush enacted a prescription drug benefit.