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Understanding Federalism and Its Impact on Governance
Unitary System
One location of power (Centralized). Ex: Great Britain.
Confederal System
Multiple locations of power (Decentralized).
Federal System
Compromise between unitary and confederal systems. Ex: Articles of Confederation.
Federalism
The division of political power among the national government and the state governments, creating dual sovereignty.
Dual Sovereignty
Coexistence of both state and federal governments.
Concurrent Powers
Powers shared between federal and state governments. Ex: Power to tax and establish lower courts.
Implied Powers
Powers not explicitly expressed in the Constitution but assumed to carry out the powers enumerated in the Constitution. Ex: Congress's power to create a national bank.
Enumerated Powers
Powers explicitly granted to the federal government in the Constitution. Ex: To lay and collect taxes, pay debts and borrow money, regulate commerce, coin money, establish post offices, protect patents and copyrights, establish lower courts, declare war, and raise and support an Army and Navy.
Reserved Powers
Powers given to state government's discretion by the 10th amendment, or powers not given to the federal government in the Constitution are given to the states.
Full Faith and Credit Clause
Requires states to respect the public acts, records, and judicial proceedings of other states[Extradition] [privileges and immunities clause]
Supremacy Clause
Establishes that federal law takes precedence over state law when there is a conflict.
McCulloch v. Maryland
Determined whether Congress had the authority to create a national bank and whether a state could tax it. Established the supremacy of federal laws over state laws.
Gibbons v. Ogden
Involved a dispute over the regulation of interstate commerce concerning steamboat operations between states. Ruled that federal law takes precedence over state law in regulating interstate commerce.
Wickard v. Filburn
Involved a farmer growing wheat for personal use and whether the federal government could regulate it. Ruled that even personal use of wheat could affect interstate commerce.
United States v. Lopez
Challenged the Gun-Free School Zones Act as an overreach of Congress's authority under the Commerce Clause. Marked a significant limit on congressional authority.
National Federation of Independent Business v. Sebelius
Examined the constitutionality of the Affordable Care Act, specifically the individual mandate. Upheld the individual mandate as a constitutional exercise of Congress's taxing power.
Education
States have the primary responsibility for public education systems, including funding, curriculum development, and school governance.
Public Safety and Health
States regulate law enforcement, public health policies, and emergency services.
Transportation
States manage transportation infrastructure, including highways, bridges, and public transit systems.
Respect for State Sovereignty
The federal government must respect the powers and responsibilities reserved to the states under the 10th Amendment.
Interstate Compacts
Agreements between states for mutual cooperation.
Privileges and Immunities
Prohibits discrimination against citizens from other states.
New Judicial Federalism
State courts interpreting state constitutions for rights.
Dual Federalism
Clear separation of powers between federal and state.
Cooperative Federalism
Blending responsibilities between federal and state governments.
Centralized Federalism
Increased federal control over state policies.
Conflicted Federalism
Contested authority between federal and state governments.
13th Amendment
Abolished slavery, limiting state power over individuals.
14th Amendment
Granted citizenship and equal protection under law.
15th Amendment
Prohibited voting discrimination based on race.
16th Amendment
Authorized federal income tax collection without apportionment.
17th Amendment
Established direct election of U.S. Senators by voters.
Grants-in-Aid
Federal funds allocated to states for specific purposes.
Categorical Grants
Federal funds with specific conditions for use.
Block Grants
Federal funds with broader spending discretion for states.
Funded Mandates
Federal funding provided for compliance with laws.
Unfunded Mandates
Federal requirements imposed without additional funding. (Ex. American with Disabilities Act)
Preemption
Federal law overrides state law in jurisdiction.
Partial Preemption
States can legislate if meeting federal standards.
Fiscal Federalism
Financial relationships impacting state policy decisions.
Civil Rights Cases
Legal cases enforcing federal protections against discrimination.
State Discretion
States have flexibility in implementing federal guidelines.
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