AP Gov - Chapter 3: Federalism

What does federalism do?

Divides power among layers of gov -- creates problems between states and national gov

What are exclusive powers?

Powers that only the national gov has

What are implied powers?

powers that are not specifically granted to national gov but listed under necessary and proper clause

What does the commerce clause grant?

it grants congress the power to "regulate commerce w/ foreign nations, and among the several states, and w/ Indian tribes". the commerce clause powers are often very stretched.

What is the nickname of the necessary and proper clause?

the elastic clause

What does the necessary and proper clause grant?

it grants congess the authority to legislate as it sees fit in order to carry out its constitutionally granted powers

What does the supremacy clause say and where is it in the constitution?

"This constitution and the laws of the US shall be the supreme law of land" and article 6

What is the 10th amendment nickname? **

the reserved powers

What does the constitution say about state's powers?

It is not very specific, and much of the info comes from the 10th amendment.

What do the concurrent powers in the constitution allow? **

They allow national and state authority to overlap in areas of public policy (e.g. enforce a tax, create courts, borrow money)

True or false: Local govs often became frustrated by policies created by state govs

true

What does the full faith and credit clause say? **

requires states to recognize public acts, records, and civil court proceedings from another state

What is extradition? **

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

What does the Privileges and Immunities Clause say?

it prevents states from discriminating against people from out of state

When was McCulloch v Maryland?

1819

What did the decision of McCulloch v Maryland confirm?

the doctrine of implied powers

What are the two questions congress considered for McCulloch v Maryland, what did they decide, and why?

Did congress have the power to establish the power a national bank (yes, the necessary and proper clause)? and Did the Maryland law to tax the nationally chartered bank unconstitutionally interfere with federal powers (no, the supremacy clause)?

What were the three civil war amendments?

13th, 14th, and 15th

When was Plessy v. Ferguson and what was the decision made?

1896 and seperate but equal

What is dual federalism? **

a form of American federalism in which the states and the nation operate independently in their own areas of public policy (very little overlap in policy execution)

What is the metaphor for dual federalism? **

a layer cake

What is cooperative federalism?

When both levels work together in the same areas of public policy. The national gov provides funds and sets standards while the states implement it

What is the metaphor for cooperative federalism?

marble cake

What effect did The Great Depression have on the gov?

During: states couldn't cope w/ economic inequities, turned to national policy for help, accepting financial aid meant trading away some authority.

After: permanently changed relationship between state and national gov, the federal programs tying states to national monies did not

What were grants-in-aid?

a tool used by the fed gov to achieve policy objectives within states

What are categorical grants?

they are grants provided to states w/ specific provision on their use (limited in how states can spend funding)

What are unfunded mandates?

the national gov requiring states to pay for programs w/ out providing national funds (e.g. Americans w/ Disabilities Act - 1990)

What is devolution?

returning more authority to state and/or local govs. it started in the 80's

What was a tactic of devolution?

block grants - a form of grant-in-aid that gives the state more control over how to disperse fed funds

Who was Devolution generally more popular with?

republicans, but not always (Clinton)

What is revenue sharing?

When the fed gov apportions tax money to the states with no strings attached (ended because it was too costly)

What are programmatic revenues?

a request from a state to do a program and needing funding in a specific state

What are earmarks?

reps advocating for something a country needs -- asking for money

What case "determined" same-sex marriage was allowed?

Obergefell v Hodges in 2015.

What happened in Obergefell v Hodges?

James Obergefell and John Arthur were married in Maryland, but in their home state Ohio, their marriage wasn't legal. James couldn't be listed as the surviving spouse on Arthur's death certificate. The court ruled 5-4 that states could not deny same-sex couples the same protections of fundamental civil liberties that opposite-sex couples have.

What did the judge say in Obergefell v Hodges and what was his name?

"the right to marry is a fundamental right inherent in the liberty of the person" - Justice Andrew Kennedy