Ap Gov Federalism (Chapter 3)

Federalism

system of government where the national government and the states SHARE power

order of power

national, state, local governments (NSL)

when were referring to states we’re also referring to

local (state and local)

decentralization

taking power and authority from the national body and giving it to the states

number of local governments in each state is what__

different

Federalism does NOT mean

separation of powers

what do states have their own of that is similar to the national government, nebraska difference, and what is this an example of

• own constituion

• legislature (bicameral except nebraska is unicameral)

• judicial system

• federalism

any difference across state lines is an example of what

federalism

majority of citizens live under the jurisdiction (authority) of what 5 forms of government

• national

• state

• county

• municipal/city/township

• school district

an example of state, muncipal/city, school district deciding something, and what cant all of them they do

• state says you need to have 3 credits of something

• city says you can’t go out past 11 pm if you’re under 18

• school district decides which year to put the classes

• cant: do something like making a law that goes against constitution, not follow bill of rights and rights beyond bill of rights

what does the central government need to give state governments to get them more likely to do something

money

federal and states are what with each other and why are they like this

• codependant (need each other)

• states are cash trapped (do not have enough cash to run the governments)

• the national government needs states to carry out national policies

unitary federalism confederation

we tried unitary with the king, didnt like it, we tried the confederation didnt like that, so now we try federalism (in the middle of king and confederation)

concurrent (shared) powers mean what

both national and states have it independant like taxes

list concurrent (shared) powers and what’s the ruling behind eminent domain

• make (legislative) and enforce (executive) policy

• raise revenue through taxes and spend money

• borrow money

• charter banks and corporations (implied)

• establish courts (judicial)

• take private property for public use (eminent domain)

• you have to follow due process (notify, fair market value)

What does the judicial system look like

Article 1 Section 8 what is it about and whats in it

• enumerated (listed) powers to congress

• for make treaties - president makes senate ratifies

• declare war congress declar president can direct military (example of a check and balance)

neccessary and proper clause is also called the

elastic clause

necessary and proper clause meaning

it gives congress powers if they are trying to carry out the enumerated powers

unless the supreme court finds a national law outside of the enumerated or implied powers what happens

law is constiutional and supreme law of the land

all tribal relations are governed by who

the national government even though native american tribes are within state boundaries

10th amendment reserved powers

• 'anything not specifically delegated to congress in article 1, section 8 goes to the states

• includes policy powers, health, safety, lives property

• and obviously includes (delegated) specifically to the states

state powers examples

denial of power to the states comes from what and whats in it

article 1, section 10

• titles of nobility (king) (also to national)

• issue tarrifs (national can limited)

• treaties

• duties on imports/ exports

james madison federalist 45 is about

• national government more effective

• commerce = good

• doesn’t threat states

  • national is below states and only steps in in times of crisis

james madison federalist 39 is basically about

• a republic

• shared powers

• national in some respects

• federal in others

nationa vs federal

national means the national government

federal means the national government and the state governments share power (federalism)

mcculloch vs maryland background

• national government built a national bank in Maryland

• Maryland didn’t like this since it was competing, and wanted to tax it so they passed a law to tax it

• Maryland started a case against the guy in the maryland state trial court (Maryland vs McCulloch)

• when the court ruled against mcculloch he appealed, then the court ruled against him in the immediate appellate court (basicalyl the maryland supreme court at the time) (mcculoch vs maryland)

• then he appelaed to the u.s supreme court

McCulloch vs maryland: first one is second one is

first one is plaintiff coming after the defendent (second one)

mcculoch vs maryland supreme court, include chief justice and what he did who he is, what happened what clauses

• john marshall (federalist chief justice) with a 6-0 (unanimous )ruling from the justices said that congress can set up a bank, and states can’t tax that bank

• john marshall made the supreme court in a different case (judicial review)

• took 9 days means he found it important

• Necessary and Proper Clause, Supremacy Clause

gibbons v ogden (1824)

• about whether or not national government rules over state deciding commerce (steam ships new york)

• commerce clause in constitution

• supreme court (6-O) rules in favor of the national government

• fedderal power law prevails over ny steamboat monopoly

• changes definition of commerce to mean any commercial activity

preemption

national law is supreme to the state law (supremacy clause)

US v. Lopez (1995):

kid brings gun to school, gets caught, and charged by the federal government under the Gun-Free School Zones Act. Case goes up to the Supreme Court and the court rules 5-4 that Gun-Free School Zones Act is unconstitutional since it's not a economic activity

US v. Morrison (2000)

Supreme Court Case about the Violence Against Woman Act where the Supreme Court ruled 5-4 that Congress didn't have the Constitutional Authority using the Commerce Clause

5 duties of the national government to the states

1. domestic violence in streets = national gov has to step in

2. secure the territorial bounds of each state

3. a republican (republic not the party) in the states have to be kept

4. attack on an individual state is an attack on all

5. natural disaster = government has to step in ex (fema)

horizontal federalism (definition and 4 things under it)

state-to state relationships created by the u.s constitution

• interstate compacts

• extradition

• privleges and immunities

• full faith and credit
  
  

interstate compacts

agreement between states congress has the authority to review and reject

extradition

return of individuals accused of a crime to the state in which the crime was committed in

privileges and immunities

constitutional clause that requires states extend to other states’ citizens the privileges and immunities it provides for theirs but some things like out of state tuition are permitted

full faith and credit clause

constitutional clause that requires states to comply with and uphold the public acts, records, and judicial decisions of other states

types of federalism (dual cooperative judicial)

• dual: national and state stay in their own lane

• cooperative working together (best way to get states to cooperate is to give them money)

• judicial: state court’s use of their state constiutions to determine citizens’ rights (especially when the u.s constiution fails to do so

nullification:

states void national laws they deem to be unconstitutional

new federalism

allowing the states the freedom to create their own laws where the national government is unable to do so because of its limits

grants and where did they come from, type of federalism

• gift of cash from national government dont have to pay it back

• began with the new deal cooperative federalism

grants make up what of federal annual spending and pay for what of total state government funding, whats the trend

• 17% of federal annual spending

• about 1/3 of total state government funding

• amount grows over time except in doge 2025

categorical grants

grants with strings attached (specifics) strict

categorical formula grant and example

based on formula (how much u need)

might have a matching fund requirement

narrow defined purpose

example: medicaid

categorical project grant

requires receivers to compete (for a narrow purpose)

block grant and example

broad purposes, states have discretion: choice to do what they want

example education

biggest grant-in aid

medicaid (poor people aid) by a wide margin

mandates

law/requirement by the federal government or states for forcing lower levels of government to do something (types r in the name)

example of a underfunded mandate

no child left behind by bush

example of a unfunded mandate

american with disabilites act

federalism advantages for democracy (4)

1. increases access to government

2. local problems can be solved locally

3. hard for political parties or interest groups to dominate all politics

4. flexibility

federalism disadvantges for democracy (4)

• states have different levels of service

• local interest can counteract national interest

• too many levels of government too much money spent

• courts have become overwhelmed with the national vs states

Necessary & Proper (Elastic) Clause:

Constitutional clause allowing Congress to claim implied powers to carry out its enumerated powers.

supremacy clause

constitutional clause saying that national laws and the constitution are supreme law of the land

devolution

transfer of policy authority/responsibility from federal gov to states/local gov

because i