Gov Chapter 3

why are federalism and the separation of powers important precautions

they restrain government power and protect against the tyranny of the majority

what should be in place to stop abuses of power

auxiliary precautions

what does dispersed power encourage

moderation and compromise in policy making

what negative things can dispersed power lead to

gridlock and policy paralysis

what levels does federalism divide power into

national and state, each with significant sovereignty

sovereignty

independent political authority

how does the separation of powers force levels of government to share power

by dividing each level against itself and giving the branches separate functions

prior to the constitution, how were almost all fundamental policies determined

by state legislatures

why did states retain so much power

the well-established history of state governments

federalism

the division of powers and functions between the national and state governments

how does the constitution define the jurisdiction of each level of government

by providing expressed powers and implied powers

what amendment reserves the rest of governmental power for the states

10th

implied powers

powers given to the national government that are not specifically expressed, but implied through the interpretation of delegated powers

what does the supremacy clause do

distinguishes all national laws and treaties as the supreme law of the land

reserved powers

powers not delegated to the national government or denied to the states by the constitution

what is integral to state power

coercion

how can a state seize property for public use

eminent domain

police power

allows states to regulate fundamental matters like health, safety, and morals

concurrent powers

powers shared by both states and national governments

full faith and credit clause

states are to recognize actions and decisions taken in other states as legal and proper

comity clause (privileges and immunities clause)

a state cannot discriminate against someone from another state or give special privileges to its own residents

what other limitation does the constitution impose on states

requiring that agreements among the states require federal approval

does the constitution grant local governments power

no, they are creations of state legislatures and state constitutions

what do states give their larger cities

home rule, a guarantee of noninterference in local affairs

how has the relationship between state and local governments changed

earlier, states relied on local governments to implement laws. Now, they compete and cooperate with each other

who exercised the most important powers before the 1930s

state and local governments

what is this dynamic called

dual federalism (layer cake federalism)

duties and operations of the different levels of government are more strictly separated

what early SCOTUS cases set important precedents regarding national power

McCulloch v. Maryland

Gibbons v. Ogden

McCulloch v. Maryland (1819)

established the power of the federal government to exercise powers implied by the commerce clause

the necessary and proper clause and the supremacy clause were the basis of this ruling

commerce clause

delegated to congress the power to "regulate commerce with foreign nations, and among the several states, and with the indian tribes"

Gibbons v. Ogden (1824)

reinforced federal power

when did federal power begin to significantly grow

the new deal

what principle was prominent, especially prior to the civil war

states' rights, wherein a coalition of states opposed increasing federal authority

states' rights advocates pushed back against regulation in what areas

commercial fraud, production of impure goods, child labor, unsafe working conditions

they thought these issues were a fell into what realm

police powers

what did roosevelt need to do for the new deal to succeed

expand the powers of the national government, notably by regulating the economy and other facets of daily life

how did the supreme court respond the the new deal ideas

struck down these laws, but shifted course in 1937

what key case upheld the federal regulation of commercial activities

National Labor Relations Board v. Jones and Laughlin Steel Corporation

what did this decision lead the court to do

abandon the distinction between interstate and intrastate commerce

cooperative federalism (marble cake federalism)

a period of supportive relations, and sometimes partnerships, between the federal government and the state and local governments that began in the 1930s

what was the era of cooperative federalism marked by

the rise of grants-in-aid

grants-in-aid

funds given by congress to state and local governments to encourage them to pursue specific goals

what does the institution principle help to explain

the federal government's design of policy so as to elicit states' cooperation

types of grants-in-aid

categorical, project, formula

categorical grants-in-aid

funds given to state and local governments earmarked for specific policy categories

project grants

require state and local governments to submit proposals for funding on a competitive basis

formula grants

a formula is used to determine the amount of funds a state or local government will receive

what have developments since the 1960s done

move beyond cooperative federalism to regulated federalism

regulated federalism

a form of federalism in which the federal government dictates the national standards that states must meet or rules that they must follow and penalizes those that do not comply by withholding grant funds

what are these standards called

federal mandates

unfunded mandates

national standards or programs imposed on state and local governments without accompanying funding

what did increased use of unfunded mandates lead to

the passage of the unfunded mandates reform act (umra) in the 1990s

what did nixon and reagan want to do

reverse the trend toward national standards

what was this approach called

new federalism, which advocated more state discretion

what is an example of new federalism

the rise in block grants

block grants

federal funds given to states with fewer strings attached

what did obama's affordable care act do

required states to expand medicaid and promised funding to support the expansion

what is the affordable care act an example of

regulated federalism

what did trump pursue

both regulated and new federalism depending on the policy area

what arguments predominated in the 19th century

states' rights arguments

how would the supreme course strike down laws it though exceeded national power

using the 10th amendment

who led the recent shift towards new federalism, and how

the supreme court by interpreting the interstate commerce clause more narrowly

what did these new federalism issues involve

handgun regulation, assisted suicide, the legalization of marijuana

how has the issue of federal-state power been reflected in the supreme court recently

decisions have been somewhat mix, reflecting struggles over political power

the party in power tends to prefer it exercised at that level

what recent case was important to the issue of national power

US v. Lopez (1995)

what was the constitutional question of US v. Lopez

is the 1990 gun-free school zones act, forbidding individuals from knowingly carrying a gun in a school zone, unconstitutional because it exceeds the power of congress to legislate under the commerce clause

how did the court split on the case

5-4 decision

what was their conclusion in the case

yes. the possession of a gun in a local school zone is not an economic activity that might, through repetition elsewhere, have a substantial effect on interstate commerce. The law is a criminal statute that has nothing to do with "commerce" or any sort of economic activity

what is one result of federalism

geographically concentrated interest groups wield outsized power through legislators elected from single-member districts and through governors and state officials elected locally rather than nationally

is there a strict separation of powers

no

how does the constitution establish a separation of powers

by creating mechanisms through which each branch of government is able to participate in and influence the activities of the others

what does each branch have

agenda and veto power, so they must cooperate with each other to get things done

what is different about each branch

their constituency

the house and senate have popular election

the president is indirectly elected

federal judges are appointed for life

what powers does the executive branch have over the legislative

president can veto acts of congress

president can call a special session of congress

president carries out, and thereby interprets, laws passed by congress

vice president casts tiebreaking vote in the senate

what powers does the executive branch have over the judicial branch

president nominates supreme court justices

president nominates federal judges

president can pardon those convicted in federal court

president can refuse to enforce the court' decisions

what powers does the legislative branch have over the executive branch

congress can override a presidential veto

congress can impeach and remove the president

senate can reject president's appointments and refuse to ratify treaties

congress can conduct investigations into president's actions

congress can refuse to pass laws or provide funding that president requests

what powers does the legislative branch have over the judicial branch

congress can change size of the federal court system and number of supreme court justices

congress can propose constitutional amendments

congress can reject supreme court nominees

congress can impeach and remove federal judges

congress can amend court jurisdictions

congress controls appropriations

what powers does the judicial branch have over the executive branch

court can declare executive actions unconstitutional

court has the power to issue warrants

chief justice presides over impeachment of president

what powers does the judicial branch have over the legislative branch

court can declare laws unconstitutional

chief justice presides over senate during hearing to impeach the president

did the constitution delegate equal powers to all branches of government

no

legislative supremacy

the legislative branch was expected to be the most powerful branch

what is legislative supremacy the reason for

bicameralism

what are powers of congress

lay and collect taxes, borrow money, regulate commerce, appropriations

what are branches given

the power to defend themselves against "encroachments"

divided government

occurs when one party controls the presidency while the opposing party controls one or both houses of congress

examples of divided government

democratic congresses struggled with the nixon and reagan administrations for control over war and spending powers

a republican house in the 1990s struggled for policy control and impeached clinton; bush jr faced a democratic congress for his last two years

for six of his eight years, obama worked with at leas one house of congress in republican hands

since the 2018 election, trump has faced a democratic house

what is the clearest expression of the rationality principle

the idea behind checks and balances

what is an example of the struggle for power

the claim of executive privilege, whereby presidents argue that they should not have to disclose confidential communications with their advisers

where are presidents particularly advantaged

exercising war powers

how do divided governments conflict with presidential administrations

while presidents frequently assert executive privilege, congress battles the administration over access to information

what do the trump impeachment and associated court cases highlight

the tension between congress's need for information in order to legislate and exercise oversight and the president's desire to advantage himself oof the unitary nature of the executive branch

judicial review

the court's ability to strike down presidential actions or laws passed by congress, thereby becoming the arbiter of debates between congress and the president, and state and federal governments

what established judicial review

Marbury v. Madison (1803)

how has judicial review been used

sparingly for most of history, but more frequently in recent years, as in supreme court decisions involving a writ of habeas corpus

writ of habeas corpus

a court order demanding that an individual in custody be brought into court and shown the cause for detention

what recent supreme court cases are important to a new federal system

Seminole Tribe of Florida v. Florida, Printz v. United States, City of Boerne v. Flores, Alden v. Maine, United States v. Morrison, Gonzales v. Oregon, National Federation of Independent Business v. Sebelius, Murphy v. NCAA, Rucho v. Common Cause

Seminole Tribe of Florida v. Florida (1996)

voids federal law giving tribes the right to sue a state in federal court: "sovereign immunity" requires that a state grant permission to be sued

Printz v. United States (1997)

voids a key provision of the brady bill requiring states to make background checks on gun purchases: as an "unfunded mandate," it violated states sovereignty under the 10th amendment

City of Boerne v. Flores (1997)

restricts congress's power under the 14th amendment to regulate city zoning and health and welfare policies to "remedy" rights: congress may not expand those rights

Alden v. Maine (1999)

declares states "immune" from suits by their own employees for overtime pay under the fair labor standards act of 1938 (see also the Seminole case)