federalism ap gov

Concurrent Powers

powers that governing bodies at the state and national level both have, such as making policies or establishing courts. It is important to note that these powers don’t overlap between levels (two cars in lanes next to each other, traveling the same way but not merging).

Extradition

Returning a criminal to the state where they were accused of a crime on the state’s request (horizontal federalism)

Federalism

system established in Article 4 of the Constitution, that describes governing powers and responsibilities being shared or split between different levels of government (SNL)

Full Faith and Credit Clause

policy that ensures that other states must respect the policies and decisions made by other states. For example, if gay marriage is legal in one state and a couple gets married there, but then travel to a state where it isn’t legal, their marriage must still be legal and recognized by the state

Gibbons v Ogden (1824)

Supreme Court case that challenged a monopoly over the waterways between New Jersey and New York, declaring it was unconstitutional for the monopoly to exist. In a broader sense, it established the national government’s power to regulate interstate commerce under the Commerce Clause

Grants

Grants are a “gift” of cash given to the states by the national government. Block grants are a general form of money that the states have more power to decide what to do with.Categorical grants, on the other hand, are very specific. The money that the states get can only be used to fulfill the purpose that the national government chooses.

Mandates

regulations created by higher levels of government that lower levels of government and citizens are expected to follow. Funded mandates are mandates where the lower levels of government are given money to carry out the required tasks, underfunded mandates take place when the government doesn’t give lower levels enough money to cover the cost of carry out the required tasks, and unfunded mandates are tasks that the lower levels are expected to carry out and fund themselves (without any money from higher levels of government that create the regulations).

McCulloch v. Maryland (1819)

Supreme Court case that challenged Maryland's right to tax people over the creation of the Second National Bank in Baltimore. In a broader lens, it reiterates the Supremacy Clause of the Constitution.

Elastic Clause

gave the national government the power to make new laws and policies that weren’t outlined in the Constitution, as long as they served the purpose of helping the government carry out their responsibilities and powers explicitly stated in the Constitution.

Nullification

allows states to nullify or not follow policies established or actions taken at the national level if they decide them to be unconstitutional

Preemption

establishes the hierarchy of power within the government. It is evident in the Supremacy Clause, which states that decisions made at the national level trump those made at the state level or that when they conflict with each other, national policies are to be followed over state ones.

Privledges and Immunities Clause

states cannot discriminate against citizens of other states. It is frequently used to argue that in-state and out-of-state tuition is unconstitutional, though nothing has come to fruition in that sense.

Reserved Powers

established by the Tenth Amendment, giving the states specific powers and responsibilities that cannot be taken by the national government.

Supremacy Claise

establishes the Constitution as the supreme law of the land and establishes the hierarchy of national power over state power. No matter what policies or decisions a state makes, it must be in compliance or not go against national ones.

US v Lopez (1995)

Supreme Court case that dealt with a boy bringing a handgun into school (even if he had no real intention of shooting with it). His acts were punishable, but the case was more about proving the law he had been punished with (Gun-Free Schools Act) as unconstitutional, stating that the national government was overstepping. The head judge did end up ruling that the act was unconstitutional because it was rationalized under the Commerce Clause

US v. Morrison (2000)

Supreme Court Case that dealt with a girl accusing two boys of rape and assault. Even though one of the boys (Morrison) was found guilty, the case was escalated because it was argued that the act he was charged under (the Violence Against Women Act) was unconstitutional. Again, the judges agreed because the act was rationalized under the Commerce Clause