Mr Kelly Valley Government Unit 4: Federalism Test - Chapter 4

US Constitution

Our second, and current, governing document created in 1787 to fix the problems of the Articles of Confederation.

Judicial Review

The power of courts to determine whether laws and other acts of the government are constitutional. The Supreme Court gained this in the case of Marbury v. Madison (Chief Justice John Marshall)

Federalism

System of dividing power between the national government and the states.

Supremacy Clause

Art. VI section 2: The Constitution, Treaties and laws made in pursuance of it are the supreme law of the land.

Article I

Legislative Branch - House (elected by and representing the people) and Senate (elected by and representing the states)

Article II

Executive Branch - President and Vice President (elected by the Electoral College and not the average voters)

Article III

Judicial Branch - one Supreme Court (appointed by the President with the advice and consent of the Senate)

Article IV

Federalism and Relationship between the states

Article V

Amending the Constitution

Article VI

Supremacy clause and also the ban on religious tests to hold office.

Article VII

Ratification of the Constitution - required the approval of 9 of 13 states.

Bill of Rights

First 10 amendments to the Constitution - enshrine fundamental rights many of which came from English Bill of Rights and Virginia Declaration of Rights- designed to only protect us from the National Government not the states.

Marbury v. Madison

John Marshall court decision that gave the Supreme Court the power of judicial review strengthened the power of the court and the national government

Strict Construction

Reading the constitution literally, if it isn't there they can't do it.

Loose Construction

using the 'necessary and proper clause' to stretch the constitution to give Congress more power.

House of Representative Term

2 yrs.

Senate Term

6 yrs

Presidential Term

4 yrs

Judge's Term

Life with good behavior

John Marshall

Chief Justice of the Supreme Court for more than 3 decades, who empowered both the Supreme Court (judicial review) and the national government in our federal system.

Advice and Consent powers of the President

Making treaties, appointing ambassadors, appointing federal judges, appoint department heads (Secretary of State, Sec. of Defense, etc.)

Necessary and Proper clause

Clause of Art. I section 8 which allows the government to expand the powers of Congress to include anything necessary and proper for the execution of its enumerated (listed) powers.

Expressed powers

The powers of the national government listed in Art. I of the constitution (Ex: tax, coin money, regulate interstate trade, raise army, declare war, create post offices, etc.)

implied powers

Powers of the national government not explicitly listed, but inferred pursuant to the necessary and proper clause (ex: building roads, creating bank of US, regulating food, creating the IRS, etc.)

inherent powers

powers that historically have been recognized as belonging to all governments (ex: acquire new territory, conduct foreign affairs, etc.)

concurrent powers

powers held by both state and national government at the same time (ex: collect taxes, build roads, conduct commerce, borrow money, pass and enforce laws, establish courts, etc.)

reserved powers of the states

Powers kept by the state because they are not given to the national government under the Constitution (ex: Regulating health, safety, morals, draw electoral districts, conduct elections, maintain state militias, intrastate commerce regulation, establish state court system, levy state taxes, etc.)

full faith and credit clause

Requires states to recognize the public acts, official records, and judicial proceedings of every other state.

Proposition 215 in California

Legalized medical marijuana by vote of the citizens of California, technically in violation of federal law

Dual federalism

Period in which power was split between strong states and strong federal government (mainly 19th century).

nullification

Theory that states can declare federal law unconstitutional and refuse to enforce or obey it. (Argued in the KY and VA resolutions but it is not recognized, particularly after Marbury v. Madison which says the Supreme Court is the final arbiter of that question).

secession

Theory that state sovereignty entitled them to leave the United States if they choose. (Civil War settles that they don't have this right)

cooperative federalism

States and National governments worked together in this period of the New Deal to solve the country's problems. They use categorical grants to implement social-welfare programs.

New Federalism

A system during the Reagan years which sought to lessen the size of the federal government because Reagan believed that government wasn't the solution to your problems, government is the problem.

devolution

The concept of returning power to the states (weaken the federal government) that was central to the Contract with America in 1994.

McCulloch v. Maryland

Supreme Court struck down state law taxing the Bank of US, increasing the power of the federal government and recognizing the implied power of creating the bank pursuant to the elastic clause.

Heart of Atlanta Motel Case 1965

Greatly expanded commerce clause power to cover even hotel stays as "interstate commerce" despite the fact that transaction takes place entirely in one state.

New Deal

FDR's massive program to address the Great Depression which dramatically increase the size and scope of national government and expanded the Progressive idea that government could solve people's problems.

CCC-WPA-FERA-Social Security

Examples of New Deal Programs that were designed to take care and employee people (solve their problems of unemployment and poverty).

SEC-NRA-AAA

Examples of New Deal Programs designed to expand the role of government to regulate the markets and protect people from consequences of an unregulated free market.

Gibbons v. Ogden

Marshall Court decision in which, due to the supremacy clause of Art. VI section 2, the court struck down the NY ferry monopoly because Congress could regulate commerce between NY and NJ

Medicaid

Great Society program to give health care to poor people.

Obamacare

The Affordable Care Act which seeks to provide universal health insurance, through a system of employer and individual mandates to buy insurance or face the consequence of a fine.

Categorical Grants

The type of most federal aid, given to be used for a specific purpose such as crime fighting or disaster relief.

Block Grants

Grants of federal assistance for broad policy areas such as welfare or education. Used by Reagan to loosen federal control by giving the money to states with fewer strings attached and broader state discretion.

Federal mandates

conditions placed on states to receive money (Ex: highway funds conditioned on 21 drinking age)

Unfunded mandates

Requirements put on states to provide services without the national government providing the money to fund the services.

Medicare

Great Society program giving health insurance to old people.

Post 9-11 Federalism

Period of rapid expansion of the scope and power of federal government (including Dept. of Homeland Security, TSA, NSA spying system Prism)

Supreme Court

The body to resolve conflict between state and federal law

Obergefell v. Hodges (2015)

Supreme Court case striking down same sex marriage bans on 14th Amendment equal protection grounds rather than striking down the Full-faith and credit exemption from DOMA

Extradition

Legal process whereby an alleged criminal offender is surrendered by the officials of one states to officials of the state in which the crime is alleged to have been committed.

Fugitive Slave clause

Article IV, Section 2, Clause 3 of the Constitution, which stated that slaves who escaped must be returned to their owners. It was later abolished in the Thirteenth Amendment

Six California Movement

An attempt by a Silicon Valley billionaire to divide California into multiple states pursuant to Article IV section 3, however Congress would have to approve it and it would result in 12 senators (6 states) rather than 2 senators for California.

Puerto Rico statehood

Pursuant to the Jones Act of 1917 Puerto Rico can seek statehood, but under Article IV section 3 it would still take Congressional approval

Unitary system

A government that gives all key powers to the national or central government

Confederal system

A system consisting of a league of independent states, each having essentially sovereign powers. The central government created by such a league is weak and has only limited powers over the states.

Federal system

A government that divides the powers of government between the national government and state or provincial governments

Calexit

A modern secession movement in California

Advantages of more state power

Government closer to the people and more responsive, More chances to participate, laws can address local needs, government can experiment with new policies

Advantages of more national power

Laws are uniform and consistent across the country so everyone has the same standard (local laws can be crazy), Local laws can oppress minorities (Jim Crow laws), Different state laws can be inefficient for business