FEDERALISM TEST AP GOV 2

Federalism

A system of government in which power is divided between a national (federal) government and state governments.

Key Principle of Federalism

Balances power between national and state governments, preventing tyranny.

Unitary System

A system with centralized power; the study guide gives the British monarchy as an example.

Confederal System

A system with decentralized power; the Articles of Confederation are the example in the study guide.

Enumerated Powers

Powers explicitly given to the federal government in Article I, Section 8. Examples include coining money, regulating interstate commerce, and declaring war.

Commerce Clause

A clause in Article I, Section 8 that gives Congress authority to regulate interstate commerce.

Implied Powers

Powers that allow Congress to carry out its enumerated powers, including powers supported by the Necessary and Proper Clause.

Necessary and Proper Clause (Elastic Clause)

Article I, Section 8; allows Congress to pass laws necessary to carry out its enumerated powers. Example: establishing a national bank in McCulloch v. Maryland.

Supremacy Clause

Article VI; establishes that federal law is the “supreme law of the land.”

Reserved Powers

Powers not given to the federal government nor prohibited to states are reserved for the states or the people under the 10th Amendment. Examples include education, police powers, and marriage laws.

10th Amendment

Powers not given to the federal government nor prohibited to the states are reserved for the states or the people.

Concurrent Powers

Powers shared by both state and federal governments. Examples include taxation, law enforcement, and establishing courts.

Denied Powers

Powers prohibited to both state and federal governments. Example: granting titles of nobility (Article I, Section 9).

Dual Federalism (“Layer Cake” Federalism)

Federalism from 1789 to the 1930s, with a clear division of responsibilities between state and federal governments. States controlled education and infrastructure; the federal government handled national defense.

Cooperative Federalism (“Marble Cake” Federalism)

Federalism from the 1930s to the 1960s in which federal and state governments worked together on policy. It was driven by the New Deal and included grants-in-aid and state-administered programs like Social Security.

Creative Federalism

Federalism associated with the 1960s and Lyndon B. Johnson’s Great Society; expanded federal influence through grants and mandates. Examples include categorical grants for Medicaid and federal education funding.

Devolution

A shift of power back to the states, reducing federal control; associated with the 1980s to the present and championed by Ronald Reagan and Republicans. Block grants give states more discretion over spending.

Fiscal Federalism

The use of grants and mandates to influence policy and relationships between federal and state governments.

Grants-in-Aid

Federal funds provided to state governments for particular purposes or programs.

Categorical Grants

Funds for specific purposes with conditions (“strings attached”). Example: highway funding with a drinking-age requirement.

Block Grants

General funds that give states broad discretion over spending (“no strings attached”). Example: welfare reform in the 1990s.

Funded Mandates

Federal requirements with funding attached; the federal government provides funds to help meet the requirement. Example in the study guide: No Child Left Behind, with federal education standards employed.

Unfunded Mandates

Federal requirements without any accompanying federal funds. Example in the study guide: Americans with Disabilities Act.

Federalist No. 39 (James Madison)

Madison argues that the Constitution establishes a republican system that balances national authority with state sovereignty, allowing the federal government meaningful power while preserving states as independent governing authorities within their constitutional spheres.

Republican Government

A government that derives its authority directly or indirectly from the people. Government officials must be accountable through elections, limited terms, or service during good behavior.

Federal Features of the Constitution

Emphasize states as separate political entities with their own authority.

National Features of the Constitution

Emphasize the people as individuals and the direct authority of the national government.

Federal and National Features Combined

The Constitution incorporates elements of both state sovereignty and national authority.

Ratification in Federalist No. 39

Ratification is federal because each state independently decides whether to ratify the Constitution.

Sources of Government Power in Federalist No. 39

The Constitution combines both federal and national features: the House represents the people, the Senate represents the states equally, and the presidency combines both.

Operation of Government in Federalist No. 39

The operation of government is national because the federal government exercises authority directly over individual citizens rather than exclusively through state governments.

Extent of Government Powers in Federalist No. 39

The national government possesses specific, enumerated powers, while states retain authority over other matters; this is classified as federal in the study guide.

Constitutional Amendments in Federalist No. 39

Amendments require approval by a supermajority of states, combining federal and national features.

Anti-Federalist Concerns

Anti-Federalists argued that the Constitution threatened state sovereignty by replacing the existing confederation with a powerful, consolidated national government.

Madison’s Response to Anti-Federalists

Madison argued that the Constitution establishes a system in which national and state governments both possess legitimate governing authority.

McCulloch v. Maryland (1819)

The Supreme Court ruled in favor of ———— and the federal government. Congress could create the Bank of the United States under the Necessary and Proper Clause, and —————- could not tax the Bank. The decision strengthened the national government and established principles of implied powers and federal supremacy.

Facts of McCulloch v. Maryland

In 1816, Congress established the Second Bank of the United States. Maryland imposed a tax on banks not chartered by —————, and —————, an employee of the national bank’s Baltimore branch, refused to pay. Maryland sued, and the dispute reached the Supreme Court.

Constitutional Questions in McCulloch v. Maryland

Did Congress have authority to establish the Bank of the United States? Did Maryland have the power to tax a federal institution?

Holding in McCulloch v. Maryland

The Court held that Congress had implied powers to create the Bank under the Necessary and Proper Clause and that states cannot tax or impede valid constitutional exercises of federal power.

United States v. Lopez (1995)

The Supreme Court struck down the Gun-Free School Zones Act as unconstitutional because Congress had exceeded its authority under the Commerce Clause. Possessing a firearm near a school was not an economic activity with a sufficiently substantial connection to interstate commerce.

Facts of United States v. Lopez

In 1992, —————-., a 12th-grade student in San Antonio, Texas, brought a concealed handgun to school. After state charges were dropped, federal agents charged him under the Gun-Free School Zones Act of 1990, which made knowingly possessing a firearm in a school zone a crime.

Constitutional Question in United States v. Lopez

Did Congress have authority under the Commerce Clause to prohibit firearms in school zones, or did the law exceed the powers granted to the federal government?

Holding in United States v. Lopez

The Court ruled in favor of Lopez and struck down the law. Congress cannot use the Commerce Clause to regulate activities without a sufficient connection to interstate commerce.

Federalism in Federalist No. 39, McCulloch, and Lopez

Federalist No. 39 establishes the theoretical foundation of the balance between national and state authority. McCulloch v. Maryland demonstrates the constitutional strength and implied powers of the national government. United States v. Lopez illustrates that federal authority has constitutional limits.

Federalism and Preventing Tyranny

Federalism prevents tyranny through the division of power. The Constitution distributes authority between national and state governments; the national government exercises enumerated powers while states retain other powers, limiting excessive authority at either level.

Multiple Access Points for Political Participation

Federalism allows individuals and interest groups to influence public policy at the national, state, and local levels. If citizens cannot achieve their policy objectives through one level of government, they can pursue them through another, helping government remain responsive and accountable.

Laboratories of Democracy

States can experiment with policies that reflect their populations’ values and needs. This can also create legal conflicts and inconsistencies across state lines.

Federalism and Marijuana

Federal law under the Controlled Substances Act classifies marijuana as illegal, while some states, such as Colorado and California, have legalized it, creating conflict between state and federal law. Federal enforcement varies.

Federalism and Abortion

Roe v. Wade (1973) struck down state abortion bans, citing the 14th Amendment’s Due Process Clause and right to privacy, creating a national standard. Dobbs v. Jackson (2022) overturned Roe, shifting power back to states; some states ban abortion while others protect it through state law.

Roe v. Wade (1973)

The Supreme Court struck down state bans on abortion, citing the 14th Amendment’s Due Process Clause and the right to privacy.

Dobbs v. Jackson (2022)

Overturned Roe v. Wade, shifting abortion policy power back to states.

Federalism and the Death Penalty

The 8th Amendment prohibits cruel and unusual punishment, but states have flexibility in applying the death penalty. Some states use it while others have banned it. The federal government can also use the death penalty for federal crimes.

Federalism and Education

Education is primarily a state and local responsibility. The 10th Amendment reserves education policy to the states, but federal funding and mandates give the national government influence over curriculum standards, funding, accountability measures, and civil rights protections.

State-Level Differences in Education

Some states require standardized testing for graduation while others do not; curriculum content differs; and school funding varies because of reliance on local property taxes.

Federalism and Same-Sex Marriage

Before Obergefell v. Hodges (2015), same-sex marriage legality varied by state. The decision required all states to license and recognize same-sex marriages, standardizing the law nationwide.

Obergefell v. Hodges (2015)

The Supreme Court mandated that all states must license and recognize same-sex marriages.

Federalism and Gun Control

Gun-control laws differ significantly among states. The federal government sets baseline regulations, but states can implement more restrictive measures.

Federalism and Environmental Regulations

Federal environmental standards and actions have varied by president. States such as California have enacted strict environmental standards, sometimes exceeding federal requirements.