Federalism, Supreme Court Cases, and Key Constitutional Amendments

Federalism

A system in which the national government and states derive authority from the people.

Unitary System

All powers reside within the national government (USSR).

Confederacy

Loose union of states, states are sovereign (hold most power) [Articles of Confederation].

Enumerated Powers

17 specifically listed powers (Article I, sec. 8).

Implied Powers

Derived from the 'necessary and proper' (elastic) clause, Congress is given the freedom to create laws that expand the expressed powers.

Elastic Clause

Allows Congress to create laws that expand the expressed powers.

Full Faith and Credit Clause

Ensures judicial decrees and contracts made in one state will be binding and enforceable in others.

Supremacy Clause

Establishes that federal law takes precedence over state law.

9th Amendment

Rights not listed are reserved to the people.

10th Amendment

Powers not delegated to federal government are reserved to the states.

Dual Federalism

Supremacy of national and state governments in their own spheres, a SCOTUS doctrine common from the Civil War until the New Deal (selective exclusivity).

16th Amendment

Authorized Congress to enact a national income tax.

17th Amendment

Made senators directly elected by the people, removing their selection from state legislatures.

Interstate Compacts

Contracts between states that carry the force of law - over 200 exist today.

Advantages of Federalism

Ideally suited to large geographic areas because it encourages diversity in local government and avoids concentration of political power.

Disadvantages of Federalism

Inflexibility inherent in a written constitution, complexity with many governments to deal with, duplication of offices and functions, conflicts of authority may arise.

Mechanisms for Interstate Disputes

Directly settled by the U.S. Supreme Court under its original jurisdiction.

States' Variation

States can vary considerably on social issues.

Federalism's Role in Training Leaders

States serve as a training ground for national leaders.

Government Proximity

Keeps the government close to the people.

Grants-in-aid (categorical grants)

Funds provided by the federal government to the state or local government for a specific purpose.

Competitive project grants

State and local governments compete for funds based on the merit of their proposals.

Cooperative Federalism

A concept of federalism where the federal government and state governments work together to solve problems and implement policies, leading to a partnership where their responsibilities blur.

Fiscal Federalism

A theory that defines the financial relationship between different levels of government in a federal system.

Categorical grants

Money coming from the national government for a project that must be used only for a specific purpose.

Block grants

Grants that have broader goals and fewer strings attached.

Revenue Sharing

A financial arrangement where federal funds are distributed to state and local governments, allowing them to use the funds for various public programs and services.

New Federalism

Return to more distinct lines of responsibility for federal and state governments, started by Ronald Reagan.

Regulated Federalism

With increased funding, the federal government demanded higher standards and stricter uses for funds.

Preemption

The principle that allows national government to override state/local actions in certain policy areas.

Mandates

Requirements to the states to comply with/without funding (unfunded mandates).

Unfunded mandates

Rules forcing states to spend their own money to comply with federal laws.

Devolution

The continued effort to return original reserved powers to the states.

Real ID Act

A national law that sets standards for state-issued driver's licenses and identification cards.

No Child Left Behind (NCLB)

An education plan that includes requirements to ensure every student gets included in the education process.

American Recovery and Reinvestment Act (ARRA)

Commonly known as 'The Stimulus', it was a response to the economic crisis.

Patient Protection Affordable Health Care

Commonly referred to as 'Affordable Health Care' or 'Obamacare'.

Clean Air Act

A federal law designed to control air pollution on a national level.

Americans with Disabilities Act

A civil rights law that prohibits discrimination based on disability.

Dred Scott V. Sandford

A court case where the ruling was 7-2 against Dred Scott, stating that Congress cannot ban slavery in federal territories.

Rationale for Decision in Dred Scott

The Missouri Compromise (1820) was unconstitutional, violating the 5th amendment; Justice Taney stated that all slaves, free or enslaved, were not citizens and had no rights.

Plessy V. Ferguson

A case where the decision was 7-1, ruling that Plessy's rights were not violated by the Separate Car Act.

Homer Plessy

A man who was 7/8ths Caucasian and challenged Louisiana's Separate Car Act by sitting in a whites-only area on a train.

Separate Car Act

A Louisiana law that Plessy challenged, which violated the 13th and 14th Amendments.

13th Amendment

A constitutional amendment that abolished slavery.

14th Amendment

A constitutional amendment that provides equal civil and legal rights to everyone.

United States V. Lopez

A case where the Supreme Court ruled 5-4 in favor of Lopez, stating that the federal Gun Free School Zone Act was unconstitutional.

Gun Free School Zone Act

A law that outlawed carrying a firearm within 1000 ft of a school zone.

Gonzales V. Raich

A case where the Supreme Court ruled 6-3 that Congress had the authority to regulate the cultivation and use of marijuana under the Commerce Clause.

California's Compassionate Use Act

A law allowing residents to use homegrown marijuana for medical purposes.

Controlled Substances Act

A federal law banning marijuana, cited by federal agents in Gonzales V. Raich.

McCulloch v. Maryland

A case where the Supreme Court established that Congress has the power to establish a national bank through implied powers.

Necessary and Proper Clause

A clause affirming the supremacy of federal law, allowing Congress to carry out its implied powers.

Federal Supremacy

The principle that federal law takes precedence over state law.

Maryland's Tax on the Second Bank

An attempt by Maryland to tax a federal institution, ruled unconstitutional by the Supreme Court.

Commerce Clause

A clause that allows Congress to regulate commerce among the states, used in U.S. v. Lopez and Gonzales V. Raich.

Segregation Rationale in Plessy V. Ferguson

The ruling stated that as long as both races were equal, they could be separated, implying that races were different but not inferior.

Impact of Local Marijuana Production

Local marijuana production and use could affect the national market, making regulation necessary under the Commerce Clause.

Supreme Court Decision in Gonzales V. Raich

The decision stated that exempting interstate uses from the Controlled Substances Act would undermine its enforcement.