U1 Federalism

What is federalism?

Federalism is the sharing of power between national and state governments.

What does Article VI of the Constitution establish?

Article VI establishes the supremacy clause, placing national law, treaties, and presidential actions above state authority.

What limits national law according to the Constitution?

National law is limited by the enumerated list of powers for Congress in Article I, Section 8.

How does Article IV of the Constitution affect state laws?

Article IV requires states to honor each other's laws, provide equal protection of privileges and immunities for all citizens, and deliver captured fugitives to the state they fled from.

What does Amendment 10 of the Constitution state?

Amendment 10 reserves powers not given to the federal government to the states.

What are exclusive powers?

Exclusive powers are those delegated only to the federal government, such as military affairs and international commerce.

What are concurrent powers?

Concurrent powers are those held by both the federal government and the states, such as the ability to collect taxes and enforce laws.

What is fiscal federalism?

Fiscal federalism refers to the distribution of funds from the federal government to the states to address national concerns.

What are categorical grants?

Categorical grants are federal funds given to states with specific guidelines or requirements.

What is the difference between categorical grants and block grants?

Block grants provide large sums of money to states without specific strings attached, while categorical grants come with specific requirements.

What was the significance of the Civil Rights Act of 1964 regarding federal funding?

The Civil Rights Act of 1964 withheld federal money from schools that did not desegregate.

What was the outcome of SD v. Cole regarding federal grant requirements?

The Supreme Court ruled that requirements in grants are constitutional if they are clear, serve general welfare, relate to federal interest, and do not compel unconstitutional actions.

What are mandates in the context of federalism?

Mandates are requirements for states to comply with federal directives, with or without the reward of funds.

What did the Clean Air Act mandate?

The Clean Air Act set requirements and timetables for addressing urban smog, acid rain, and toxic pollutants.

What is New Federalism?

New Federalism, associated with Reagan, emphasizes the return of power to the states.

What did the Unfunded Mandates Reform Act achieve?

The Unfunded Mandates Reform Act denied Congress the ability to impose unfunded mandates that took up a significant portion of state budgets.

What did the Personal Responsibility and Work Opportunity Reconciliation Act do?

This act gave states more authority and control over welfare distribution, including Medicaid.

What is the significance of Article I in the Constitution?

Article I defines the basic setup of Congress and outlines its powers, including enumerated and implicit powers.

What are some powers defined in Article I, Section 8?

Powers include taxing, borrowing money, raising an army, creating a postal system, and defining immigration/naturalization.

What are implicit powers?

Implicit powers are those not explicitly listed in the Constitution but are necessary to execute the enumerated powers.

What role did federal grants play during the Great Depression?

During the Great Depression, the federal government increased the distribution of grants to states.

What was the impact of Nixon's approach to block grants?

Nixon attempted to increase block grants to states, but Congress limited their distribution, leading to a preference for categorical grants.

What does the Necessary & Proper Clause allow Congress to do?

It gives Congress the power to make laws to carry out its duties and grants implicit powers.

What limitations does Section 9 of the Constitution impose on Congress?

Congress cannot tax exports, take away habeas corpus, pass bills of attainder, pass ex post facto laws, or grant titles of nobility.

What limitations does Section 10 of the Constitution impose on states?

States cannot coin money, tax exports, or enter into international treaties.

What is the 10th Amendment about?

It distinguishes between delegated (expressed) powers given to Congress and reserved powers not specifically mentioned, which are given to the states.

What does the 14th Amendment guarantee?

It promises U.S. citizenship to anyone born or naturalized in the U.S. and requires states to grant immunities and privileges to all citizens.

What is the Equal Protection Clause?

It prohibits states from denying people within their jurisdictions equal protection of the laws.

What was the constitutional question in McCulloch v. Maryland?

Does the federal government have implied powers and supremacy under the Necessary & Proper Clause and the Supremacy Clause?

What was the decision in McCulloch v. Maryland?

The Supreme Court ruled unanimously in favor of McCulloch, affirming federal implied powers.

What were the central questions in McCulloch v. Maryland?

Can Congress create a bank? Can a state levy a tax on a federal institution?

How did the Supreme Court justify Congress's ability to charter a bank in McCulloch v. Maryland?

The Court reasoned that banking was part of federal business under the elastic clause, even if not explicitly listed in Article I, Section 8.

What principle did the Supreme Court establish regarding state taxation of federal institutions in McCulloch v. Maryland?

The Court stated, 'The power to tax involves the power to destroy,' asserting federal supremacy over state law.

What impact did McCulloch v. Maryland have on federal powers?

It broadened Congress's implied powers and affirmed federal law's supremacy.

What was the significance of Gibbons v. Ogden?

The case established Congress's authority over commercial activity using the commerce clause from Article I, Section 8.

What is dual federalism?

A model where the national government and states are equally supreme in their own spheres.

What is selective exclusiveness?

A doctrine stating that Congress may only regulate commerce when a national uniform rule is required.

How did the growth of the nation affect federalism in the 20th century?

National problems began to cross state lines, leading to increased federal involvement in areas like safety and health.

What was the Mann Act of 1910?

A law that banned the transport of women across state lines for immoral purposes, reflecting federal action on issues states couldn't address.

What was the outcome of Hammer v. Dagenhart?

The Supreme Court ruled that child labor was part of manufacturing, not commerce, and thus not subject to Congress's authority.

How did the Supreme Court's stance on the commerce clause change in the 1920s?

The Court began to recognize both production and commerce as subject to national authority.

What was the Fair Labor Standards Act of 1938?

An act that banned commerce across state lines for firms that did not pay employees at least $0.25 per hour, upheld by the Supreme Court.

What was the relationship between New Deal legislation and the Supreme Court?

New Deal legislation led to a power struggle between the Supreme Court and Congress regarding the interpretation of the commerce clause.

What was the constitutional question in Lopez v. United States?

Does Congress have authority under the commerce clause to ban guns near schools?

What was the Supreme Court's decision in Lopez v. United States?

No, the decision was 5:4 in favor of Lopez.

What law did Congress pass in 1990 related to gun violence?

Gun-Free School Zones Act.

What argument did Lopez make regarding federal regulation?

Lopez argued that the federal government cannot regulate specific behavior at a state-run school.

What was the U.S. government's argument in Lopez v. United States?

The U.S. argued that the connection between guns and drug dealing put the area under federal jurisdiction and Congress's commerce power.

What was the Supreme Court's reasoning in siding with Lopez?

The Court believed Congress had stretched its commerce power too far and that authority related to guns should remain with the states.

What revision did Congress make to the Gun-Free School Zones Act in 1994?

Congress revised the law to make it more related to interstate commerce and withheld funding for schools that didn't comply.

Who set aside 230 million acres of land for public lands?

President Teddy Roosevelt.

What was the role of Congress in establishing national parks according to Roosevelt?

Congress was needed to establish parks, but Roosevelt used his executive authority to expedite the process by establishing national monuments.

What is the main competition in environmental policymaking?

A competition between environmental activists and conservative free-market thinkers/business owners.

What does the Clean Air Act aim to achieve?

It calls for improved air quality and less contaminants.

What is the purpose of the Clean Water Act of 1972?

It regulates discharges of pollutants into waters and monitors quality standards for surface waters.

What does the Endangered Species Act allow?

It allows the National Fish & Wildlife Service to protect endangered species.

What action did the EPA take in 2012 regarding power plants?

The EPA created limits on how much mercury and other chemicals coal- and oil-fueled power plants could emit.

What was the outcome of the SCOTUS ruling in 2015 regarding EPA regulations?

SCOTUS overturned the EPA's limits, arguing that the agency failed to consider the cost burden to power plants and consumers.

What was the Kyoto Protocol?

A multi-country agreement from 1997 that required signing nations to reduce greenhouse gas emissions.

Why did the U.S. not join the Kyoto Protocol?

President Clinton agreed to it, but the conservative Senate did not achieve the two-thirds support needed for ratification.

How did President Obama approach the Paris Agreement?

He joined the Paris Agreement through an executive order to bypass the conservative Senate.

What did President Trump do regarding the Paris Agreement?

He used an executive order to withdraw the U.S. from the agreement.

What was California's role in the legalization of marijuana?

California was the first state to legalize medical marijuana in 1996 through a statewide vote.

What was the Uniform State Narcotics Act of 1932?

It encouraged states to make marijuana and other drugs illegal.

What did the Controlled Substances Act of 1970 categorize marijuana as?

It categorized marijuana as having no medical benefits.

What was the outcome of Gonzales v. Raich?

SCOTUS held that the commerce clause entitles Congress to determine what may be bought or sold.

What policy did the Justice Department under Obama declare regarding marijuana?

It declared that federal resources would not be used to crack down on selling or using marijuana in states where it had been legalized.

What change occurred under the Trump administration regarding marijuana policy?

The Justice Department declared that local U.S. attorneys would determine how federal marijuana policy was handled.