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Unitary system
maximum power central government has absolute control over the state governments, most governments
Confederal system
substantial government has more power than the national government creating dependencies.
Federal System
power is divided between states and government where it each level has checks and balances on each other to ensure no power override
Enumerated/Expressed powers
powers explicitly granted to the national government
Exclusive powers
power ONLY the national government can do
Implied powers
powers not explicitly stated but can be made in order to carry out enumerated powers
Commerce Clause
grants Congress the power to regulate interstate business and commercial activities
Necessary and Proper clause
gives Congress the power to carry out its powers
Supremacy Clause
the constitution and federal laws passed are law of the land
Tenth Amendment
gives the power to the states and the people not just the national government = limited government power
Concurrent Powers
powers BOTH given to the national government and state government
Full Faith and Credit Clause
requires states to understand acts, records, cases from another state
Extradition
requirement that states have to return the defendant where the crime was taken placed
Privileges and Immunities Clause
states can’t discriminate against people from out of state (EX
13th Amendment
outlawed slavery
14th Amendment
bans states for citizens to not have equal processes or protection under the due process clause
15th Amendment
gave African Americans the right to vote
Dual Federalism
states and national government operate separately on public policy
Selective Incorporation
process by where the Supreme Court applies the Bill of Rights on the states to cases
cooperative federalism
both states and national government work together to make public policy, states implement federal policies aligning towards laws
Grants in Aid
federal money given to states to carry public policy objectives
Fiscal Federalism
use of grant in aids to influence policies in states
Categorical Grants
grants in aid for specific state programs
Unfunded Mandates
federal requirements that have to be followed by states even without funding
Block grants
a type of grant aid that gives states more control over where federal funds go.
Revenue Funding
federal governments gives allowance type of tax money to the states without any restrictions
Devolution
returning power to the states/local governments
Compassionate Use Acct of 1976
allowed use of medical marijuana under medical approval in California
Controlled Substance Act of 1970
Congress has the power to regulate interstate commerce
Crucial Question:
Where is the boundary between the state government and national government?
McColluch vs Maryland Issue?
The creation of the second national bank with many branches in states left people questioning if this was legal or an overreach of power. Maryland passed laws to tax the 2nd national banks and the bank officials refused, leading it to the supreme court.
McColluch vs Maryland Question?
Did Congress have the power to pass the 2nd national bank and were states allowed to tax it? Congress had the power to do so and states did not have the right to tax it.
What was the reasoning for the McColluch vs Maryland of the Supreme Court?
It was one of Congress’ implied powers under the necessary and proper clause as this allowed them to do so in order to carry out its enumerated powers reaffirming national power.
Gibbons vs Ogden Main Issue:
Ogden had a monopoly on steamboats illegally and Gibbons sued him, winning because they used the commerce clause reaffirming national power.
What is Plessy v Ferguson about?
There would be separate things for white men and african american men, “seperate but equal”
What did the great Depression do federal power?
It expanded the power of the national government and Congress through making policies as there was a dependency on the national government due to the lack of the multiplier being passed around.
US v Lopez 1995 Main Issue:
Congress passes the gun free school act to reduce gun violence by prohibiting people from having it 100ft in front of school grounds. Lopez was convicted but appealed as he believed that Congress did not have the right to pass it.
Question in US v Lopez 1995?
Did Congress have the power to pass the GFSZA?
What did the GFSZA violate?
Violated the necessary and proper clause & commerce clause
Dissenting Opinion of the GFSZA?
The opposing side argued that transportation of guns was a type of commerce and Congress has the power to regulate trade.
Result of US v Lopez
Protected the states’ power and rights!
US VS Windsor Decision
Supreme Court shut down Section 3 of DOMA which ruled marriage between a man and a woman was unconstitutional as this denied equal federal recognition of both approved same sex marriages and not forcing for the government to treat all marriages equally.
What was Gonzales v Raich about and what was the decision?
The legalization of medical Marijuana and the decision was to ban the usage of medical marijuana under the Controlled Substance Act in California
What was the reason for the decision in Gonzales v Raich?
Banned because the court found that the CSA was constitutional under the commerce clause and the supremacy clause overruled the state law. They didn’t want medical marijuana to be used around casually and since it was under the commerce clause Congress banned it