ap gov ch3: federalism

Categorical grants

Includes project and formula grants which aim at assisting the states in areas such as health, income security, and education

- Money provided comes with conditions

- Ex. instructions on how grant funds have to be used

- Encourages states to carry out national policy objectives and threatens states with the withholding of funds if they fail to carry out the objectives

Federalism

The division and sharing of power between the national and state governments

Enumerated powers/expressed powers

Powers of the national government that are explicitly listed and described in the constitution

- Include exclusive powers that only the national government may exercise: power to coin money, declare war, raise army, make treaties, provide for naturalization

- Article I, Section 8

Implied powers

Not specifically granted to the federal government → necessary and proper clause (article I, section 8): Congress can make laws necessary according to time and situations

Commerce clause

Grants Congress the power to "regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes"

- Combined with the necessary and proper + supremacy clause, Congress has the authority to define nearly any productive activity as commerce

- Lopez v. United States

Necessary and proper clause

Gives Congress the power to "make all Laws which shall be necessary and proper for carrying into Execution.."

- Elastic clause

- article 1, section 8, clause 18

Supremacy clause

"This Constitution, and the Laws of the United States...shall be the supreme Law of the Land"

- States must follow the laws, and national treaties passed by Congress and state courts must follow the Constitution

Tenth Amendment

Gives powers that are not delegated to the federal government to the states or the people

- United States v. Darby interpreted that → not supposed to give states and people powers that supersede those of the national government

Reserved powers

Powers that are not given to the national government are given to the states

- Ex. police powers, protect the general welfare, conduct elections, establish local, town, and county governmental bodies, school districts

Concurrent powers

Shared powers by the national and state governments

- Ex. power to tax, borrow money, regulate interstate commerce, banks, determine voting qualifications

Full faith and credit clause

Requires states to recognize the public acts, records, and civil court proceedings from another state

- Article 4

- Ex. couple married in Vermont is still married when they move to another state where the requirements for getting a marriage license may differ

Extradition

The requirement that officials in one state return a defendant to another state where a crime was allegedly committed

Privileges and Immunities clause

Prevents states from discriminating against people from out of state

- Ex. Florida cannot charge higher sales tax for tourists

Thirteenth Amendment

Outlawed slavery

Fourteenth Amendment

Places limits on state actions

- All persons born in the U.S. are citizens → Southern states could not deny citizenship to former slaves

- Equal protection clause: states could not deny persons equal protection under the law

- Due process clause: prevents states from denying persons due process

Fifteenth Amendment

Gave African Americans the right to vote

Dual federalism

The relationship between states and nation where there is a separation between both governments and they operate side by side with little interaction between the two

- Separate cake layers

Selective incorporation

Where fundamental liberties in the Bill of Rights are applied to the states on a case-by-case basis

- 14th amendment section 1: cannot deprive of natural rights without due process of laws

Cooperative federalism

Where both levels of government work together in the same areas of public policy

- Do not play the same roles

- National gov: responsible for raising revenues and setting standards

- State and local gov: responsible for administering the programs

- Marbled cake

Grants-in-aid

The federal government provides money to states to carry out a policy that the national government has decided is important

- Gov used to achieve its policy objectives

Fiscal federalism

Federal aid/money is given to the states

- Funding comes from taxes and fees

Unfunded mandates

When the federal government requires states to pay for programs without providing funds

- Ex. Americans with disabilities act 1990 required states to make public buildings accessible to those with disabilities

- Cost to state budget

Block grant

Provides federal assistance to states and local governments to help support broad purpose programs → increases state authority in how money is spent and lessens federal influence

Revenue sharing

When the federal government apportions tax money to the states with no strings attached --> states can use funds for any governmental purpose

Devolution

Returns authority for federal programs to the states

McCulloch v. Maryland (1819)

Established that Congress has the implied power to charter a bank under the necessary and proper clause, and states may not tax the federal government

United States v. Lopez (1995)

Court claimed the act was within the powers enumerated to Congress under the constitution because activities in schools are related to interstate commerce --> was rejected

**Limits federal government's ability to pass legislation under the commerce clause and gives more powers to the states

Supremacy clause

Law of the land, national laws supersede state laws

- article 4

- Gibbons v. Ogden

- McCulloch v. Maryland

Gibbons v. Ogden

-Ogden was granted monopoly from NY to operate steamboats

- Gibbons had federal license

- Ogden took it to court

Decision:

- Implied powers from the necessary and proper clause → related to power to regulate interstate commerce

- commerce clause gave congress the power to regulate any that crossed state lines

- state laws were unconstitutional if they interfered with federal authority

Significance:

- government power to regulate interstate commerce is supreme over state laws

Original intent

Constitution should be interpreted according to the original intentions of the framers

Legislating from the bench

A judge whose rulings are more based on their personal feelings of what should be, rather than basing their decisions on interpretation and application of the law