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Federal Government & States — How Money Is Shared
Mandates, unfunded Mandates, Intergovernmental lobby, categorical grants, revenue sharing, block grants
1. Mandates
Congress orders states to do something.
• Example: ADA requires wheelchair access.
2. Unfunded Mandates
• Congress orders states to do something but gives NO money.
•States must pay for it themselves.
3. Intergovernmental Lobby
• When state/local officials ask Congress for money.
4. Categorical Grants (Johnson – Great Society)
• Money must be spent in very specific ways.
• Highly controlled by federal gov.
5. Revenue Sharing (Nixon)
• Money given to states with NO conditions.
•States can spend freely.
6. Block Grants (Reagan)
• Money with some restrictions, but states get flexibility.
• Example: welfare reform, education grants.
Clause 1 of the 14th Amendment
1. Privileges & Immunities Clause
•States cannot take away privileges of U.S. citizens.
Clause 2 of the 14th Amendment
• States cannot take life, liberty, property without fair process.
2. Due Process Clause
Clause 3 of the 14th Amendment
3. Incorporation (Selective Incorporation)
Meaning: Parts of the Bill of Rights MUST apply to states.
Clause 4 of the 14th Amendment
Equal Protection Clause
• Everyone is treated equally under the law.
• Used in MOST civil rights cases.
Priveliges and Immunities clause case
Slaughterhouse Cases (1873): narrowed the clause; states still able to take many rights away → clause became weak.
Due Process Clause
Barron v. Baltimore (1833): Bill of Rights does NOT apply to states (this changes later with incorporation).
Incorporation (Selective Incorporation)
Gitlow v. New York (1925) → 1st Amendment must be incorporated.
• Mapp v. Ohio (1961) → 4th Amendment incorporated (search and seizure).
Equal Protection Clause
• Plessy v. Ferguson (1896) – “Separate but equal” is allowed.
• Brown v. Board of Education (1954) – Segregation in schools is unconstitutional.
• Shaw v. Reno (1993) – States can’t draw voting boundaries based on race.
Civil Rights Act of 1964
• Ends segregation in private businesses
• Ensures equal opportunity
24th Amendment (1964)
• Ends poll taxes
Voting Rights Act (1965)
• Ends literacy tests
• Encourages African American voter registration
ADA – Americans With Disabilities Act (1990)
• Equal access in employment, transportation, accommodations
IV. Dred Scott (1857)
Slave taken into free territory
• Sued for freedom
• Supreme Court ruled he was not a citizen
• Missouri Compromise unconstitutional
Overturned by:
• 13th (ends slavery)
• 14th (citizenship)
• 15th (black men vote)
Johnson (1963–1969)-– Great Society
• War on Poverty
• Expanded federal programs
• Used categorical grants
Nixon (1969–1974)
• Undid some Great Society programs
• Used revenue sharing