Unit 2 - Federalism

What is Federalism?

Relationship/division of power between the national and state governments

• Powers that go to the state are reserved

• Shared powers are concurrent

Fiscal Federalism

The complex financial relationship between the federal government and the states and/or local governments

• fiscal = financial

Federal Mandates

 something the state has to do; required by the government

• Unfunded: states provide the money

• Funded: money provided by the national government

What was the ADA and why it was controversial?

• The Americans with Disabilities Act of 1990 or ADA is a civil rights law that prohibits discrimination based on disability.

• Controversial because it was unfunded (states had to remodel all their buildings, upset cause no money was given to them)

Block Grants

money given from the national government to the states with for a fairly broad purpose with few conditions of aid

Categorical Grants

money given from the national government to the sates with a lot of conditions of aid. Usually with a specific purpose.

Concurrent Powers

Shared between National and State governments

• Borrow Money

• Build Roads

• Charter (authorize/raise) banks

• Criminal Justice

• Provide for the public welfare

• Taxes

Federal Powers (enumerated)

• Coin (print) money

• Create and Maintain Armed Forces

• Declare war

• Establish the Post Office

• Establish Foreign Policy

• Make Copyright and Patent Laws

• Regulate Interstate Trade

State Powers

• Conduct elections

• Establish local governments

• Establish and maintain schools

• Provide for public safety (fire department, police department, etc)

• Regulate intrastate trade

Necessary and Proper Clause (elastic clause)

allows Congress to pass laws that are deemed necessary and proper to carry out its enumerated powers

• very stretchy; just like the powers

• Even if it’s not directly in the Constitution, the gov. can do it

  • Ex: drafting soldiers (not specified, implied as declaring war is specified)

Supremacy Clause

the Constitution, federal laws, and treaties are the "supreme Law of the Land"

• Federal power>State

  • reason why battles usually results in national government winning

  • US vs Lopez was special cause the state won

Commerce Clause

gives Congress broad power to regulate interstate commerce and restricts states from impairing interstate commerce

What was the purpose of the 10th Amendment? How is it related to Reserved Powers? 

If the power is not given to the national government it’s given to the states unless they (the states) are prohibited from that power

• was meant to satisfy the anti-feds as they feared a strong national government

• Relates to reserved powers because reserved powers are NOT given to the national government, they’re given to the states, similar to the 10th amendment

Unitary System

where the central government has all the power over subnational governments

• federal>state

Confederal System

where the subnational governments have the most of the power

• state>federal

Federal System

where power is divided between the national and state governments

• federal🤝state

Enumerated/expressed powers

powers explicitly granted to the national government through the constitution

Exclusive powers

only for the national government

Implied powers

powers not granted specifically to the national government but considered necessary to carry out the enumerated powers

Extradition

the requirement that officials in one state return a defendant to another state where a crime was committed

Dual Federalism

where the states and the national government operate independently in their own areas of public policy

Selective Incorporation

when the Supreme Court applies fundamental rights the Bill of Rights to the states on a case-by-case basis

Cooperative Federalism

where the national and state governments work together to shape public policy

Revenue Sharing

when the federal government apportions tax money to the states with no strings attatched

Devolution

returning more authority to the state or local governments

House Leadership

• speaker of the house

  • chosen by house member

  • always member of majority party

• Majority and minority leaders

  • direct debates

  • guide their party members in policy making issues

• whips

  • discipline

Senate Leadership

• President of the senate

  • U.S. VP

  • tie breaker

• senate majority leader

  • sets legislative agenda

• Whips

  • discipline

standing committees

endure for a long time

Joint committees

members from both house and senate

select committees

temporary and created for a specific puporse

conference committees

formed to reconcile differences in legislation

pork barrel budgeting

no one will say no to money for _ so imma add this in too

logrolling

you vote for me, I vote for you

Models or Representation

• Trustee

  • vote according to their best judgment

• Delegate

  • vote purely for the will of the people

• Politico

  • depends on the situation