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32 Terms
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*McCulloch v. Maryland, 1819
Supreme Court case Fed gov had the right to set up bank - Elastic Clause (A1 Sec 8) State could not tax fed bank - Supremacy Clause (A6)
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Gibbons v. Ogden, 1824
Interstate commerce with steamboat license Fed gov trumped state - Commerce Clause (A1 Sec 8)
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1861-1865 Civil War
States could not declare Fed acts are void and null Slavery outlawed
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1880's Jim Crow Laws
States rights States could determine voting eligibility Southern States largely denied Black people the right to vote
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Interstate Commerce Act, 1887
Cattle industry disease, people got sick Cows sent across states Congress can regulate anything that crosses state lines/regulate commerce with foreign nations- Commerce Clause (A1 Sec 8)
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Pure Food and Drug Act, 1906
Prohibited mislabeling and adulteration of drugs and food
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Income Tax, 1913
16th Amendment Allowed for the collection of income tax One of the biggest shifts from state to fed power
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FDR's New Deal, 1933-1939
Creation of alphabet agencies (Social Security, AAA, CCC, TVA) Upheld by Supreme Court via Commerce Clause (A1 Sec 8)
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Schecter Poultry Corp. v. U.S.
Sick chicken case Supreme Court sided with Schecter because chicken didn't cross state lines
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Brown v. Board of Education, 1954
NAACP goes to Supreme Court over Arkansas school (little rock 9) Separate but equal is not okay Schools must desegregate
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LBJ's Great Society, 1960's
Bypassed states- dealt directly with local gov Started Head Start programs (preschool for low income families)
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US v. Lopez
NOT 2ND AMENDMENT CASE Congress made schools "gun free zones" - violation was a federal offence Lopez charged with violating gun free zone, took it to the Supreme Court US argued that, under the Commerce Clause (A1 Sec 8), gun free laws were constitutional because children that were shot could not participate in the flow of commerce and shootings would bring the property value down. Lopez won
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Wickard v. Filburn, 1942
Farmer grew extra wheat for personal use, he was fined Federal gov can regulate issues that could affect interstate trade
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Federalism
The sharing of power between fed and state gov
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Dual Federalism
Layered cake Power of state and fed gov are clearly defined and separated
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Cooperative Federalism
Marble cake Power of state and fed gov are flexible and overlapping Can't really tell where one power ends and another begins
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New Federalism
Political philosophy in which fed gov returns power to the states
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Fiscal Federalism
The pattern of spending, taxing, and providing grants in the federal system
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Devolution
Term coined by Reagan to describe the process of returning power to the states
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Categorical Grants
Fed grants for a specific purpose Comes with matching funds and strings attached States can decide not to accept grants
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Block Grants
Fed grants given with broad guidelines (ex. must be used for education) Popular with Nixon and Reagan States love block grants
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Revenue Sharing
Doesn't exist anymore Leftover money from the last fiscal year is divided up and distributed to the states according to population States could do whatever they want with the money Basically free money
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Entitlement Grant
Single biggest gov expenditure Gov assistance based on qualifications (formula) Ex. Social Security, welfare, pell grant
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Direct Order/Mandates
Can come from Congress, Pres (exec order), or court system Imposes something on the states Failure to follow could result in punishment or the loss of funding/won't receive future funding Unfunded mandates- ADA
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Cross-over Sanctions
"Carrots and sticks" Fed gov pulls funding if states don't comply with what they want Ex. Fed gov wants drinking age raised Pulled highway funding for those that don't comply
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Project Grants
Fed categorical grants given for specific purposes and awarded on the basis of the merits of applications Limited in time and scope Very competitive
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Total Preemption
Fed gov assumes all regulatory powers in a particular field Ex. Copyright laws
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Partial Preemption
fed gov assumes of some regulatory powers in a particular field Sets floor states cannot go below Ex. gov sets standard for quality of drinking water- states can go above the standard but cannot go below
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Unitary Gov
Centralized gov Local gov subject to fed gov
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Confederal Gov
States are sovereign Ex. EU
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Pros of Fed System
Promotes national unity while permitting local diversity Prevents rise of despotic central gov Encourages experimentation and reform on local levels States can block plans Political activity is easily mobilized
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Cons of Fed System
Wasteful Duplication of services Unequal opportunities (education, wellfare, etc) Causes confusion States can block fed practices (segregation)