Government Exam II- Federalism

Unitary Government

most countries do this, the central government has more or all of the power

Confederal Government

State has more power (80/20)

Where do I find the powers of the central government?

Article 1 section 8

Who has express powers?

The federal government

Gibbins v. Ogden (1824)

In terms of interstate commerce, ruled that federal licenses are good in all states

What are reserved powers for the states?

The ability to run schools, domestic relations (Marriage-laws), Intra-state commerce, gambling laws and police powers

Where can the reserved powers be found?

The 10th amendment

Implied powers

Powers not specifically mentioned in the constitution from the necessary and proper clause (elastic clause)

McCulloch v. Maryland

Maryland was trying to tax the national bank and Supreme Court ruled that it is necessary and proper to have a bank

Concurrent powers

Taxes, making and enforcing laws and establishing courts

Inherent powers

The right to self defense against invaders and defense of borders

Powers denied to the central government

preference to one state over another, export taxes on states, and spend money without congressional approval

Powers denied the state

Forging alliances with other countries, printing money, and raising their own armies.

Federalism

Like a fraternity where you make promises and have obligations to everyone

Full Faith and Credit

Public records and legal documents are valid in all states

Where can full faith and credit be found?

Article 1 section 4

Privileges and Immunities Clause

You have the same rights in each state

Promises to the states

Territorial integrity, guarantee each state a republican form of government, protection from invasion, protection from domestic violence (ie shays rebellion)

The federal government sued Texas on residency requirements under which amendement?

The 14th amendment

The federal government nearly withheld highway money from Texas and other states if they didnt what?

Raise the drinking age to 21 (related to intrastate commerce reserved to the state)

In the 1960s in response to Alabama's suspicious 2% black voting poll, the federal government threatened to ____

reduce their representation in the house of representatives

U.S. v. Lopez (1995)

Ruled that the central government did not have the authority to enforce gun free school zones

Nullification

A state could nullify or void a federal law if they feel its unconstitutional

What is the only example of nullification?

in 1828 South Carolina tries to nullify southern tax that generated revenue in the north

Ignorification

States ignore a federal law and don't enforce them.

Colorado Ignorification example

Colorado choosing to not enforce federal weed restrictions

Idaho Ignorification example

Idaho chose to not enforce anything on the second amendment, and used Colorado's refusal to enforce anything on weed as its jusification

Texas Ignorification Example

Leaving bouys on the Rio Grande

Dual Federalism (Layered cake federalism) 1789-1930s

Distinct and unmixed layers of federal and state authority

Cooperative Federalism (marble cake federalism) 1930s-1970s

Mixed layers of federal and state authority

New Federalism 1970s

Theoretically returning power back to the states, but the feds have a lot more power

Fiscal Federalism

Feds give money to the state in the forms of block and categorical grants

Block Grant

the state is allowed more discretion on how it's spent

Categorical Grant

the state must spend it on something specific