AP Gov - Chapter 3: Dividing Power Between the National and State Governments

Conflict over medical marijuana

Raich was using medical marijuana, which was legal under California state law, but violated the national Controlled Substances Act of 1970. Drug Enforcement Agency officials raided and destroyed her self-grown marijuana plants. Supreme Court upheld classification as regulation of cannabis to be commerce. If marijuana grown legally in your backyard is qualified as commerce then what can't be?

How did the Compassionate Use Act under California state law and the federal Controlled Substances Act reflect tensions between federal and state governments?

The two federal and state acts contradicted each other. One legalized cannabis for medical use while the other restricted it completely. There was no clear overarching law in place.

Define federalism.

The balance between state and national authorities.

How does federalism cause tension between the national and state governments?

Federalism does not always establish clear boundaries as to a distinct division between state and national law.

Difference between unitary and confederal system

Unitary is when national gov has most power while confederal is where subnational gov has most power

Example of implied power of Congress

To establish an Air Force

Powers denied to the national government

bills of attainder, ex post facto law, suspending Writ of Habeas Corpus, changing state boundaries w/o consent, imposing taxes on interstate goods

United States v. Darby (1941)

Supreme Court ruled the tenth amendment cannot give states power that supersedes that of the national government. This case affirmed the Supremacy Clause

Garcia v. San Antonio Metropolitan Transit Authority

Congress decides when to regulate activities by state and local governments.

What system exists between state and local governments?

Unitary. Local governments rely on states to set rules.

How does the amending process demonstrate Federalism?

Only 3/4 of state legislatures can ratify an amendment if proposed by congress. An amendment can only be created with the approval of both Congress and State Legislatures. They each have their own separate powers in this act.

McCulloch v. Maryland

Maryland attempted to tax the state's branch of the national bank chartered by Congress. McCulloch refused to pay the tax. Supreme Court cited Elastic Clause and ruled that it was within Congress's implied powers to establish the bank, however, Maryland could not tax it.

Gibbons v. Ogden

Gibbons had a monopoly from New York which protected his steamboat routes. Ogden had a federal license to use the same route. He tried to block the NY monopoly. Supreme Court affirmed the exclusive authority of Congress to control commerce and used the Supremacy Clause in which the federal license superseded the state monopoly.

Thirteenth Amendment

abolished slavery

Fourteenth Amendment

anyone born in the U.S. is a citizen, states may not deny due process or equal protection under law to its citizens.

Fifteenth Amendment

suffrage of African American males

Plessy v. Ferguson

Plessy was fined for violating segregation law. Court majority claimed "separate but equal" did not violate 14th Amendment.

Lochner v. New York

Supreme Court case that decided against setting up an 8 hour work day for bakers. States must provide fair protection to their citizens, as stated in fourteenth amendment.

Gitlow v. New York

This case began selective incorporation. Supreme Court ruled freedom of press and speech are fundamental liberties and are protected by Due Process Clauses against state violations. States could not revoke first amendment freedoms.

FDR New Deal

Expansion of national power which ended Great Depression and firmly established cooperative federalism in both levels of government.

How has American federalism changed and developed? What factors have helped to drive this change?

American federalism has developed from distinct separations between state and national gov to working together in the policymaking process. Many factors such as supreme court decisions, congressional acts, and even economic slumps have driven this change.

How did nineteenth century interpretations of American federalism deny some americans their fundamental rights?

These interpretations nleft policy to open interpretation by the states, which almost permitted states to establish breeding grounds for discriminatory behavior, as seen in Plessey v. Ferguson.

How did the New Deal impact the relationship between the national government and the states?

It strengthened the relationship between the federal and state governments.

What events might cause federalism to change in the future?

Supreme court cases, naturals disasters, party domination, gerrymandering, etc

grant in aid

federal money given to states to implement policy

categorical grants

grants provided with specific conditions, instructions, or provisions attached.

Advocates for categorical grants

LBJ's Great Society program expanded government's role in social welfare policy and ensured states didn't use the funds for discriminatory purposes.

Block grants

grant that has loose or few provisions and gives states more authority in its use. Decreases federal influence on how it is to be spent

Ronald Reagan devolution attempts

- increased block grants for social welfare programs

- Department of health and human services provides block grants to those with drug addictions

- Department of energy provides block grants to improve energy efficiency and reduce oil and gas

Bill Clinton devolution

Signed personal responsibility and work reconciliation act of 1996 which devolved social welfare programs to states. He also replaced Roosevelt's Aid to families with Dependent Children with Temporary Assistance for Needy Families which placed limits on receipt of welfare assistance and added work requirements

LBJ Elementary and Secondary Education Act

provided equal education for students in low income areas and granted states money to reduce dropout rates and improve schools

No Child Left Behind

Gave states money in return for giving standardized tests

Every Student Succeeds Act

succeeded NCLB and gave states more authority in setting educational standards but retained mandatory standardized testing

Under what circumstances should the national gov transfer more authority to states?

Authority should be devolved if the issue or prevalence of the issue is not widespread. The federal government should leave enough room for each state to be diverse, but still unified together as a collective country.

How do block grants devolve power to states?

They have loose guidelines on their use which means that each state can use the money how they seem fit, giving states, not the federal government, say on how they use the money

How does the national government use grants in aid to control state policies?

They use grants as a form of bribery. States will only receive the funds if they implement the federal policy objective.

United States v. Lopez

Lopez brought a gun into his school, violating Gun Free School Zones Act of 1990, claimed it was unconstitutional. Court decided that regulating guns in schools was not an act of commerce. Reaffirmed tenth amendment giving this power to the states.

United States v. Windsor

The Supreme Court ruled it unconstitutional for the federal government to deny federal benefits of marriage to married same-sex couples if it is recognized or performed in a state that allows same-sex marriage. States could still deny same-sex marriage licenses.

Obergefell v. Hodges

Same sex marriage legalized nationwide via 14 Amendment (Due process/equal protection clauses)

Gonzales v. Raich

Held that Congress could use the Commerce Clause to outlaw the use of medical marijuana