Academic Gov Unit 3 - Federalism

10th Amendment

reserves powers to the states: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

Commerce Clause

a constitutional clause that gives power to Congress to regulate commerce between states (Article 1, Section 8, Clause 3)

Commerce

any activity connected with producing, buying, selling, and transporting goods across state lines

Extradition

returning a criminal or fugitive who flees across state lines (if you commit a crime in one state and flee, when you are caught you must be returned to the state you committed the crime in to be put on trial)

Federalism

a system of government that splits power between national, state, and local governments

Federal Mandate

an order or requirement by the federal government that a state, or a local unit of government take some action (it doesn't matter whether the order or requirement is a condition of the receipt of federal funding)

Funded Mandates

The level of government that makes the requirement also pays for the implementation of the mandate

Interstate Compact

written agreement between two or more states to settle disagreements (Supreme Court or federal government will help solve disputes)

McCulloch v. Maryland

a Supreme Court case in which it was determined that Maryland could not tax a national bank - federal laws are supreme and cannot be controlled by states

Policy

an official ruling on the course of action for addressing certain problems or issues

Privileges and Immunities

a state must give the same fundamental rights to people from other states as they give to their own citizens

Supremacy Clause

Ensures that no state law or constitution may conflict with any form of national law (Article 6)

Underfunded mandates

The mandate is partially funded or reimbursed by the government

Unfunded mandates

The mandate comes with no funding or reimbursement from the federal government: the responsibility for funding comes from the state and/or local government 

Different levels of govt in the U.S.

national (federal), state, and local

Federal government

Supreme level of govt

Expressed powers

powers that are listed and directly written in the constitution

Examples of expressed powers

make peace (treaties), raise an army, declare war, and interstate commerce

Implied powers

powers of the federal government that aren’t written in the constitution but are suggested

What clause of the constitution provides the govt with implied powers

Necessary and proper clause/elastic clause

Examples of implied powers

creating a national bank, regulatory air travel, and establishing a military draft

Who are reserved powers provided to?

The states

Which amendment addresses reserved powers?

10th amendment

Examples of reserved powers

licenses, public schools, and running elections

Concurrent powers

powers shared by both the national and state governments 

Examples of concurrent powers

power to tax, regulate voting, and grant titles of nobility

Article 1

legislative - creates law making (senate & house of representatives)

Article 2

executive - electing and voting (president)

Article 3

judicial - supreme court and lower courts

Purpose of a mandate

get states to comply with a national goal or standard

Civil rights act of 1964

outlawed discrimination based on race, color, religion, sex, or national origin, ending segregation in public places, public schools, and employment. It prohibited federal funding for discriminatory programs and banned discriminatory voting requirements, which helped protect civil rights across the nation. 

What can limit state laws

anything that is not prohibited by constitution or by national law

what do states help regulate

promoting businesses, preserving natural resources, make and enforce criminal law, promote individual rights, provide public health and education

Public policy

states course of action for addressing certain problems or issues. 

5 steps towards public policy

agenda setting, policy formulation, policy adoption, policy implementation, and policy evaluation