Ap Government // Federalism

topics & flashcard definitions... pls js kill me bro..

Sovereignty

The ultimate power or authority to govern within a territory. In the U.S., it rests with the people.

Federalist No. 10 (Madison)

Factions (interest groups) are caused by unequal property distribution.
A large republic best controls factions since many interests prevent any one group from dominating.

Brutus I (Anti-Federalist)

Argued the Constitution gives too much power to the national government (Elastic & Supremacy Clauses).
Favored small, local republics to protect individual liberty.

Writ of Habeas Corpus

a judicial order forcing law enforcement authorities to produce a prisoner they are holding, and to justify the prisoner's continued confinement.

Ex Post Facto Law

: Punishes actions that weren’t crimes when committed — unconstitutional.

Bill of Attainder

Declares someone guilty without a trial — unconstitutional.

Constitutional Provisions

Parts of the Constitution that define powers and limits (e.g., clauses and amendments).

Constitutional Amendment Process

Propose: 2/3 of Congress or state conventions.

Ratify: 3/4 of state legislatures or conventions.

Constituents

 The people represented by an elected official (voters in their district).

Federalism

Power divided between national and state governments.

Expressed / Delegated / Enumerated Powers

Powers specifically listed in the Constitution for the federal government (e.g., coin money, declare war).

Reserved Powers

Powers kept by the states (10th Amendment), such as education and elections.

Concurrent Powers

Powers shared by both levels (e.g., taxing, courts).

Supremacy Clause

Federal law > state law when they conflict.

Full Faith and Credit Clause

States must honor other states’ laws and judicial decisions.

Extradition

Process of returning a fugitive to the state where the crime occurred

Nullify

To refuse to follow a federal law (no longer constitutional after McCulloch v. Maryland)

Tenth Amendment:

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

Elastic / Necessary and Proper Clause

Lets Congress make laws needed to carry out its expressed powers → creates implied powers.

Implied Powers:

Not written but derived from the Necessary and Proper Clause (e.g., establishing a national bank).

Regulate / Interstate Commerce

Congress can regulate trade and business across state lines.

Commerce Clause

Article I, Section 8 – used to expand federal authority.

McCulloch v. Maryland (1819):

• Established implied powers and federal supremacy.

• States can’t tax the national bank.

Gibbons v. Ogden (1824):

Only Congress regulates interstate commerce.

Wickard v. Filburn (1942):

Even personal wheat growing affects interstate commerce → expands federal power.

Heart of Atlanta Motel v. U.S. (1964):

Congress used Commerce Clause to ban segregation in business

Civil Rights Act of 1964:

Outlawed racial discrimination; justified under Commerce Clause.

Control Substances Act of 1970:

Federal law controlling drugs; tested in Gonzales v. Raich.

U.S. v. Lopez (1995)

• Limited Commerce Clause — federal government can’t regulate guns in schools.

• Marked a return of power to the states.

Devolution

Returning power from the federal government to the states (Reagan-era idea).

Dual Federalism (“Layer Cake”):

Clear separation between state and federal powers (1789–1930s).

Cooperative Federalism (“Marble Cake”)

Federal and state governments share responsibilities (New Deal onward).

Fiscal Federalism

The use of money (grants, mandates) to influence state policy.

Categorical Grant:

Federal money for a specific purpose (e.g., highway safety).

Block Grant

Federal money for a broad purpose (e.g., community development).

Mandate

 Federal rule that states must follow (can be funded or unfunded).

Unfunded Mandate

Federal requirement without funding (e.g., ADA).

The Americans with Disabilities Act (ADA):

Requires accessibility for disabled persons; an unfunded mandate.

Brutus I (Anti-Federalist)

• Argued the Constitution gives too much power to the national government.

• Feared the Necessary and Proper & Supremacy Clauses would destroy state sovereignty.

• Believed a large republic couldn’t protect individual liberty or reflect the people’s will — wanted smaller, local republics.

Federalist No. 10 (Madison)

• Cause of factions: Unequal distribution of property (wealth & interests).

• Solution: A large republic dilutes faction power — too many interests for any one group to dominate.

Prohibited powers

Powers that are denied either to the national government, state governments or both

Privileges and Immunities Clause

States cannot discriminate against citizens of other states.

Unitary System

All power in central government (e.g., UK).

Confederal System

Power in states, weak national gov’t (e.g., under Articles of Confederation).

Federal System

Power divided between national and state governments.

McCulloch v. Maryland (1819)

• Maryland tried to tax the national bank → Court said no.

• Upheld implied powers & Supremacy Clause.

Gibbons v. Ogden (1824)

• NY vs. NJ steamboat licenses.

• Ruled only Congress controls interstate commerce

Wickard v. Filburn (1942)

• Farmer growing wheat for personal use still affected national market.

• Expanded Commerce Clause power.

Heart of Atlanta Motel v. United States (1964)

• Civil Rights Act upheld → Congress can ban discrimination in businesses affecting interstate travel.

• Strengthened federal authority under Commerce Clause.

United States v. Lopez (1995)

• Gun-Free School Zones Act exceeded Congress’s commerce power.

• Limited federal power; strengthened state sovereignty

Gonzales v. Raich (2005)

• Federal gov’t could regulate homegrown marijuana under Commerce Clause → reinforced Wickard logic.

Categorical Grant

Money for specific purpose , strict conditions

Block Grant

Broad purpose, more freed

• Federal power expanded: McCulloch, Gibbons, Wickard, Heart of Atlanta, Raich.

• State power regained: Lopez, devolution, 10th Amendment.

• Clauses matter: Elastic + Commerce + Supremacy = stronger federal gov’t.

• Grants & mandates = tools of federal influence.

Federal power expanded

McCulloch, Gibbons, Wickard, Heart of Atlanta, Raich.

State power regained

Lopez, devolution, 10th Amendment.

Clauses matter

Elastic + Commerce + Supremacy = stronger federal gov’t.

Grants & mandates 

tools of federal influence.