AP Gov Unit 2: Federalism

unitary system

centralized power held by the national government, founders rejected this so they made the articles of confederation

confederal system

decentralized power held by the states, founders rejected this

federal system

divided autonomous power between national and state governments; both act directly upon citizens and can change the constitution, founders adopt this

dual federalism

idea that national and state governments are separated Ito sovereign states within their sphere (1790-1930(GD))

cooperative federalism

theory that national, state, and local governments act jointly to solve issues (1930-present)

exclusive, expressed powers

powers only given to the national government EXPLICITLY stated in the constitution (expressed = enumerated = delegated)

expressed legislative powers of congress (article 1, section 8)

power to tax, coin money, build army, declare war, regulate interstate commerce

expressed executive powers of the president (article 2, section 2)

commander in chief, signs/vetoes laws, carries out laws through the executive branch

expressed judicial powers of SCOTUS

settle disputes by interpreting the constitution and current law

inherent powers (preamble)

the power the government has because it is a government (domestic tranquility, common defense, liberty, general welfare)

implied powers (not in constitution)

used for carrying out expressed powers (N+P)

necessary and proper clause (article 1, section 6)

congress has the power to make laws that are necessary and proper to carry into execution, elastic clause (the draft, NASA, health care), MUST be paired with another power to be constitutional

reserved powers

powers not delegated to the national government goes to the states (school system, intrastate commerce, drivers license, marriage, ELECTIONS, etc.)

supremacy clause (article 6)

the federal constitution and laws take precedence over state laws, state and local laws cannot contradict national law

concurrent/shared powers

national and state/local govt. have same powers

denied powers (article 1, section 9)

constitution limits national, state, and local (states can’t engage in foreign in policy, national govt. cannot regulate intrastate trade)

full faith and credit clause (arcticle 4)

states must recognize some decisions made in other states (law suits, divorce decrees, child, custody issues)

privileges and immunities clause

protects the rights of out-of-state citizens (travel, work, tuition, voting, lawsuits), public office not protected

extradition clause

a criminal cannot flee out of state to get out on punishment

new states

only new Staes, rather than states joining together with the states consent (congress can re-write rules in necessary)

the Feds

Hamilton and Marshall: national supremacy and powers should be broadly defined

Democratic-Republicans/ anti-Feds

Thomas Jefferson: states rights with people as the ultimate sovereign and power should be strictly limited

incorporation doctrine

the court has applied portions of the Bill of Rights to the states (14th amendment due process)

total incorporation

all should be incorporated

selective incorporation

only some amendments incorporated (one at a time), SCOTUS CHOSE THIS, increases national power, case-by-case

devolution revolution

power shifting to the states, public opinion shifted conservative in the 1980s, republicans found more success (distrust of national government)

erosion of political parties

states/local government and parties need to experiment (most people are independent)

why is the devolution revolution slowing?

national crises = need national help, minorities believe the national government would better protect their rights, national protections programs, national grant money forces states to comply with national expectations

grants-in-aid

typically cash (historically land) given to serve a purpose

block grants

state/local governments prefer this, general purpose, fewer restrictions = more freedom to give $ to states (general welfare programs)

TANF (temporary assistance for needy families)

example of a block grant, from the New Deal

categorical grants

more restrictions on recipients like requirement for state to match funds, not “free” money (Highway Trust Fund will pay for highway maintenance for uniform highway laws)

conditions of aid

specific rules with grants, “voluntary” since states can reject a grant, takes more effort to follow, states want free money and their budgets rely on grant money

federal revenue sharing

national government shares their tax revenue with the neediest communities, blank check provided to cities depending on population, wealth, tax effort, ended in 1986, ineffective results = a nice try

grants today

23 block and 1250 categorical, states and interest groups will lobby (persuade) for money, given to what the national govt. thinks the nation needs (inc. power), states get the money and executive authority to carry out programs (inc. state power)

mandates

federal laws that states must obey, often unfunded, vague language, and expensive corrections = legal issues (ADA, Civil Rights Remedies, Environmental Cleanup)

positive outcomes of federalism

1. states can check national govt.

2. state/local govt. can respond to local needs

3. national govt. creates uniform laws

4. cooperative federalism has national govt. paying for programs (state govt. executes)

5. citizens can engage in with local, state, AND national government

negative outcomes of federalism

1. national govt. has become much stronger, risk state ability to check

2. powerful, and sometimes negative, local state interests can be protected and spread to other states

3. states can “take” more than they “give”

4. excessive legalism (law suits) when there are conflicts between the national and state govt.