APGOV federalism 1.7-1.8

Federalism

Division of power between the national government and the states

Supremacy Clause

• Found in Article VI of the Constitution; says the Constitution, federal laws, and treaties are the “supreme law of the land” (overrides conflicting state laws).

Full Faith and Credit

• States must respect the official documents, records, and judicial rulings of other states (ex: driver’s licenses, marriage certificates).

Privileges and Immunities

States cannot discriminate against citizens of other states

Extradition

Return of a criminal suspect to the state where the crime was committed

Exclusive Powers

Powers only the federal government has (e.g., declaring war, coining money)

Police Powers

State powers to regulate health, safety, and morals (e.g., schools, drinking laws)

Reserved Powers

• Powers not given to the federal government by the Constitution are reserved to the states (10th Amendment).

Concurrent Powers

Powers shared by federal and state governments (e.g., taxing, law enforcement)

Federal Grants

Money given by the federal government to states to fund programs

Revenue Sharing

• When federal tax money is distributed to state and local governments with few restrictions.

Fiscal Federalism

• The system of spending, taxing, and providing grants in the federal system; how the federal government uses money to influence states.

Grant-in-Aid Programs

Money given by the federal government to states for specific projects

Categorical Grants

Federal money for a specific purpose with strict rules (e.g., highways, education)

Strings

• Conditions attached to federal grants.

• If a state accepts federal money, it must follow the rules (the “”).

• Example: Congress gave states highway funds only if they raised the drinking age to 21.

• optional — a state can refuse the money (but loses funding).

Block Grants

• Federal money given to states for broad purposes (ex: community development, public health). States have more freedom on how to spend it.

Mandates

• Orders from the federal government that states must follow — with or without money attached.

• Funded mandate: federal government provides money to help

• required — states must do it, no matter what.

Devolution

Devolution is the process of transferring power and responsibilities from the federal government to state or local governments. This shift allows for more localized decision-making and governance, enabling states to tailor policies to their specific needs.

Cooperative Federalism

Federal and state governments work together to solve problems (“marble cake” federalism)

Enumerated (Delegated) Powers

• Powers directly listed in the Constitution for the federal government (ex: coin money, regulate trade, declare war).

Commerce Clause

Gives Congress power to regulate trade between states and with foreign nations.

Necessary and Proper Clause (Elastic Clause)

• Gives Congress power to make all laws “necessary and proper” to carry out its enumerated powers; basis for implied powers

Tenth Amendment

Powers not given to the federal government are reserved for the states and people.

Fourteenth Amendment

granted citizenship to all persons born or naturalized in the U.S., guaranteed due process of law and equal protection under the laws for all citizens, and restricted states from abridging the privileges or immunities of citizens

McCulloch v. Maryland (1819)

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  1. Congress has implied powers (ex: creating a national bank).

  2. States cannot tax the federal government (Supremacy Clause reinforced).

  3. necessary and proper clause and supremacy clause

Implied Powers

Powers not explicitly written in the Constitution but allowed under the Necessary and Proper Clause.They enable Congress to enact legislation necessary to carry out its enumerated powers.

Dual Federalism

Federal and state governments are separate and distinct (“layer cake” federalism).This concept emphasizes the division of responsibilities and powers between national and state governments, each operating independently within their own spheres.

Selective Exclusiveness

Only Congress may regulate areas that require a single, uniform rule (e.g., interstate commerce).

United States v. Lopez (1995)

Limited Congress’s use of the Commerce Clause — struck down Gun-Free School Zones Act.