AP Gov Unit 1B: Federalism

Federalism

The principle that power in a political system (the USA) is shared between a central, federal government (national); and the decentralized local governments (the state/local governments)

Confederated government

Subnational governments (states) have most of the power — Articles of Confederation

Unitary Government

The central government has all of the power over subnational governments

Dual federalism

“layer cake” — national and state governments operate independently in clearly separated spheres of authority, with the national government sticking close to its enumerated powers

Cooperative federalism

“marble cake” — national and state governments work together on the same policy problems, sharing funding and responsibilities (grants-in-aid). Line between federal and state power is blurred.

Supremacy Clause (Art. VI)

Declares that the Constitution, federal laws, and treaties are the “supreme law of the land",” meaning that when a valid federal law conflicts with a state law, the federal law wins

Elastic/Necessary and Proper Clause (Art I, Section 8)

Gives Congress the power to make all laws needed to carry out its enumerated powers, creating the constitutional basis for implied powers and fueling debates over how big the federal government should be

Commerce Clause (Art I, Section 8)

grants Congress the authority to regulate interstate business and commercial activity

Article IV (relationships among the states and between the national gov.)

• Full Faith and Credit Clause

• Privileges and Immunities Clause

• Extradition

Full Faith and Credit Clause

requires states to recognize the public acts, records, and civil court proceedings of another states (i.e., documents like marriages are valid in other states)

Privileges and Immunities Clause

Prevents states from discriminating against people out of state

Extradition

Requirement that state officials in one state return a defendant to another state where defendant has committed a crime

10th Amendment

Clause that reserves powers not delegated to the national government to the states and the people (federalism)

• Reserved powers

• Police powers

Reserved powers

Powers not given to national government is retained by the states (police powers)

Police powers

The right and duty of states to look after the economic, social, and moral welfare of their citizens

14th Amendment

States that people born in the U.S. are citizens and prohibits states from denying persons due process / equal protection under the law

• Equal protection Clause

• Due process clause

Equal Protection Clause

requires states to treat all persons alike w/ regard to applications of the law

Due Process Clause

Prevents states from denying persons right to life, liberty, or property

Enumerated/Expressed powers

Specific powers explicitly written into the Constitution for the national government, mostly listed in Article I, Section 8 (taxing, coining money, declaring war, regulating interstate commerce)

Implied powers

Powers of the national government not specifically written in the Constitution but are inferred from the Necessary and Proper Clause, allowing Congress to do what it needs to carry out its enumerated powers

• confirmed in McCulloch v. Maryland

Concurrent Powers

Those authorities that are shared by both the federal government and state government in the United States — independently and simultaneously

Examples of concurrent powers

1. Levy and collect taxes

2. Borrow money

3. Make and enforce laws

4. Establish Courts

Example of Reserved Powers

1. Provide for public health, safety, welfare, and morals (police powers)

2. Regulate intrastate commerce

3. Maintain militia

4. Ratify amendments to the Constitution

Example of enumerated (expressed) powers

1. Regulate interstate and foreign commerce

2. Make all laws “necessary and proper” to carry out responsibilities

3. Coin money

4. Conduct foreign affairs

McCulloch v. Maryland

Chief Justice Marshal ruled that the Necessary and Proper Clause gives Congress implied powers (like chartering a national bank) and that the Supremacy Clause blocks states from taxing or interfering with the federal government

Gibbons v. Ogden

The Supreme Court case in which the Marshall Court interpreted the Commerce Clause broadly, ruling that Congress’s power to regulate interstate commerce overrides conflicting state laws and expanding national power over the states

Gitlow v. New York

The first Supreme Court case that first applied a Bill of Rights protection (First Amendment free speech) to state governments through the 14th Amendment’s due process clause, launching the doctrine of selective incorporation

Selective incorporation

the process through which the Supreme Court applies fundamental rights in the Bill of Rights to the states on a case-by-case basis — using 14th amendment (due process clause)

US v. Lopez

The Court struck down the Gun-Free School Zones Act, ruling that carrying a gun in a school zone is not a interstate commerce, which limited Congress’s Commerce Clause power

Fiscal federalism

The use of federal money, mainly grants-in-aid like categorical and block grants, to influence state and local policy

• Categorical grant

• Mandate

• Block Grant

Categorical Grant

National funding to the states where spending is specifically categories

Mandate

Federal requirements that states must follow (for funds)

Block Grant

Devolve power to the states; a type of grant preferred by states that gives state officials more authority over how federal funds are spent

The Civil War

FEDERAL - Shifted the balance of power in the United States toward the national government (13th, 14th, 15th amendment)

The New Deal

FEDERAL

• National emergency required a federal response

• The states were unable to address the problems their people faced

The Civil Rights Era

FEDERAL

• Brown v. Board (14th Amendment: equal rights)

• Civil Rights Act of 1965

• Voting Rights Act of 1965

• Clean Air and Water Act (federal limits on pollutants; cooperative federalism)

Civil Rights Act of 1964

FEDERAL - Outlawed discrimination based on race, color, religion, sex, or national origin using the Commerce Clause since it could affect interstate commerce

No Child Left Behind Act

FEDERAL - expanded governments role in K-12 education through mandates for standardized testing and grant conditions

Affordable Care Act

FEDERAL - national standards for private health insurance using mandates

Devolution

The transfer of power from a central government to regional or local governments within a unitary state

Cat. grants best serve the interests of citizens because…

• Ensures federal funds are spent on priorities

• Uniform national standards

Block grants best support the interests of states because…

• States are closer to the people

• “laboratories of democracy” - can use to experiment

Progressive Federalism

States have the flexibility to innovate above federal minimums — states over federal government