Unit 1 - Chapter 3: Federalism

Federalism

A system of government that promotes unity while respecting independence of each state. Power is divided and shared between a national government and state governments. Both levels of government have their own areas of authority. 

Supremacy Clause

Article 6, Clause 2: ensures that the national (federal) government has the final authority in disputes involving federal and state powers, maintaining unity across the country. “Supreme Law of the Land”.

The Full Faith and Credit Clause

Article 4, Section 1: Requires that each state must recognize and honor the public acts, records, and judicial proceedings of every other state. Maintaining unity and consistency across the country.

Privileges and Immunities Clause

Article 4, Section 2: Requires that states must allow out-of-state citizens the right to travel freely, work, buy property, or access courts under the same conditions as residents. Exceptions with reasonable distinctions, out of state tuition.

Extradition

Article 4, Section 2: The legal process by which, if a person is accused or convicted of a crime in one state, they are returned to that state from another to face trial or serve a sentence.

Exclusive Powers

Powers that are granted only to the NATIONAL (federal) government and cannot be exercised by states. 

Police Powers

Tenth Amendment: Powers that state governments have to regulate and protect the health, safety, welfare, and morals of their citizens.

Concurrent Powers

Powers shared by both the national and state governments. Both can exercise these powers at the same time. 

Overlap and Uncertainty

Occurs when it’s unclear whether the national or state government has authority. Sometimes leaves the division of powers vague, requiring courts, congress, and states to interpret authority case by case.

Obergefell v. Hedges

In 2015, the Landmark Supreme Court case legalized same-sex marriage nationwide. Shows how federal power can override state laws to protect individual rights. 

Federal Grants

Money given by the national government to state or local governments to fund programs.

Grants-In-Aid Programs

Specific federal funds given to states and localities. Main tool of Fiscal Federalism.

Revenue Sharing

A system mainly in the 70s and 80s where the federal government gave states a portion of federal tax revenue with few restrictions on how to spend it. Replaced by more targeted grants. 

Fiscal Federalism

Describes the pattern of spending, taxing, and providing grants by the national government to influence state and local governments. Economic side of Federalism.

Categorical Grants

Federal funds for a specific purpose

Strings

Conditions add to federal grants, requiring states to follow specific rules. 

Block Grants

Federal funds are given to states for broad purposes, allowing flexibility with how they’re spent.

Clean Air Act (1970)

Federal law/mandated program that sets national standards for air quality. Regulates the discharge of pollutants into US waters and air; states must enforce and comply with fed standards

Devolution

The transfer of power and responsibility from the federal government to the states.

Personal Responsibility and Work Opportunity Reconciliation Act (1996)

Federal Law reformed by replacing aid to families w/ dependent children w/ temp assistance for needy families, gave states block grants, and an example of devolution in action.

Enumerated Powers

Article 1, Section 8: Powers specifically listed in the Constitution that are granted to the federal gov.

Commerce Clause

Article 1, Section 8: giving Congress the power to regulate trade between states, foreign nations, and natives.

Necessary and Proper Clause

Article 1, Section 8: Also known as the Elastic Clause, it allows Congress to make all laws necessary and proper to carry out its enumerated powers. “Stretches” congressional power past the constitution to access new or unforeseen issues. 

Tenth Amendments (1791)

Part of the Bill of Rights, states powers that aren’t  delegated by the federal government and not prohibited to the states, they are reserved to the people.

Fourteenth Amendment (1868)

Provides citizenship rights and equal protection under the law. Due process, equal protection, and expands federal authority to protect individual rights.

McCulloch v. Maryland (1819)

A state tried to tax the Second Bank of the United States. Ruled that states cannot tax federal institutions. Confirmed that the implied powers of Congress under the Necessary and Proper Clause. 

Implied Powers

Powers not explicitly listed in the government constitution. 

Dual Federalism/Layer Cake Federalism

Early US model where state and federal government operate in separate spheres w/ little overlap. 

Selected Exclusiveness

Congress may only regulate commodities that require uniform national regulation. Limits federal power over Congress. 

Progressive Movement and Federalism

Government action to address social problems. Led to an expanded federal role. 

The supreme court stretches the commerce clause

The court allowed Congress to regulate many economic activities even if they affected interstate commerce.

Hammer v. Dagenhart (1918)

Supreme court case that challenged federal child labor laws, regulated labor as a state power, not federal. Narrow interpretation of the Commerce clause.

US v. Lopez (1995)

Supreme court case of a student that brought a gun to school, prohibited it under the Gun-Free School Zones Act. Ruled that the law exceeded the Commerce clause and reinforced state powers.

US v. Morrison (2000)

Supreme court case that caused the Violence Against Women Act, allowed victims to sue offenders in federal court. Portions of the law were unconstitutional. Restricted federal power under the commerce clause.

Executive Branch and Background on Environmental policy 

The president and executive agencies implement federal environmental laws. Flexible in regulations standards, and priorities.

Congress and Environmental Legislation

Law establishing environmental standards. For example: the Clean Air Act.

Endangered Species Act (1973)

Protect threatened and endangered species act. States must coordinate w/ federal government.

Kyoto Protocol (1997)

Act aimed at reducing gas emissions. 

Paris Agreement (2015) 

Limits global warming, federal leadership in international environmental policies. 

Legalizing Marijuana 

Conflict between federal and state law. Congress ruled illegal and some states ruled legal.

Controlled Substances Act (1970)

Federal law prohibits possession, use, and distribution.

Proposition 215 (1996)

California legalizing medical marijuana, at the state level.

Gonzales v. Raich (2005)

Set a precedent causing the Supreme Court to rule to prohibit cultivation and use of marijuana nationwide, an example of federal supremacy.