Gov Batch 2: Foundations of American Democracy

Federalism

Division of power between state and national governments

Sovereignty

Power or authority to govern

Enumerated Powers/ Expressed/ Delegated

Specifically listed powers in the US Constitution for the federal government

• Collect Taxes

• Coin Money

• Regulate foreign and interstate Commerce

• Declare war

Implied Powers

Powers not stated but inferred from the necessary and proper clause (Elastic Clause)

• Building national bank

Reserved Powers

Powers not reserved by the national government that go to the states under the 10th Amendment

• Elections/ voting

• Education

Concurrent Powers

Shared powers by both the state and federal governments

Supremacy Clause (A4 S8)

Clause that states the Constitution and Federal laws are the supreme law of the land

10th Amendment

Powers not given to the national government are reserved to the states

Necessary & Proper Clause (Elastic Clause) (A1 S8)

Gives Congress implied powers to pass laws needed to execute its powers (used to stretch the powers)

Full Faith & Credit Clause (A4 S1)

States must honor other states’ public acts, records, and court decisions

Privileges & Immunities Clause (A4 S2)

States can’t discriminate against citizens from other states

Dual Federalism (Layer Cake)

Separation between state and federal powers

Cooperative Federalism (Marble Cake)

Federal and State governments share responsibilities and work together

Fiscal Federalism

Use of federal money/ grants to influence state politics

Devolution

Transfer of powers from the federal government to the states

Block Grants

Federal money for broad purposes with little restrictions

Categorical Grants

Federal money with strict rules about how it should be used

Unfunded Mandates

Federal requirements states need to follow without funding

Mandate

Federal order requiring states to comply with certain policies

Ex Post Facto Law

Law that punishes actions that were legal at the time they were committed. It is unconstitutional and prohibited

Bill of Attainder

Law that punished someone accused of a crime without a trial or fair hearing in court (no due process) (unconstitutional)

Writ of Habeas Corpus (A1 S9 c2)

Requires the government to justify a person’s imprisonment

Nullify

invalidate a federal law thats unconstitutional

Extradition

Returning a criminal to the state where the alleged crime was committed for prosecution

McCulloch v. Maryland 1819

Ruled that states can’t tax the national bank b/c of the supremacy clause (issues btwn state and federal rule in favor of federal) and elastic clause (banks were neccessary to implement federal powers). It upheld implied powers and federal supremacy

Gibbons v. Ogden 1824

Congress has the power to regulate interstate commerce. Meaning, fed gov not individual states have the authority to control trade betweeen the different states. Commerce clause A1S8 and Supremacy Clause

Wickard v. Filburn 1942

Expanded congress’s power under the Commerce Clause. Ruled that congress could regulate activity within a state under CC, even if each individual activity had little effect on interstate commerce as long as the intrastate activity viewed would have a substantial effect on interstate commerce. Broadened fed control over economic activity.

Heart of Atlanta Motel v US 1964

Forbade racial discrimination in hotels, motels, resturaunts, theaters, and any other public place engaged in interstate commerce. Expanded Commerce clause and fed power

US v. Lopez 1995

1st time in 60yrs the Supreme Court limited Congress’s power under the Commerce Clause by ruling that Gun-Free School Zone Act of 1990 was unconstitutional.

Fed #10

Madison argues the dangers of factions can be prevented by a large republic and republican government because more diverse opinions can stop factions. (Pluralism)

Brutus 1

Antifed paper arguing that the country was too big to be governed as a republic and the constitution gave too much power to the national government. (small republic) (negating fed 10)

Civil Rights Act 1964

outlaws racial segregation in schools and public places and authorizes the attorney general to sure individual school districts that failed to desegregate. (to promote integration after brown v board)

Americans With Disabilities Act 1990

Prohibits discrimination against individuals with disabilities in all areas of public life (Affirmative Action)

Controlled Substances Act 1970

est national drug policy that regulated manufacturing, importation, possession, distribution, and use of drugs

Regulate

Federal bureaucracy makes rules that have force of law, to carry out the laws passed by Congress

Interstate Commerce

Buying, selling, or transporting goods, services, or money across state lines, a power given to congress by the Commerce Clause in the Constitution

Constituents

individuals or groups that live in a specific district and are represented by an elected official

Constitutional Provisions

Specific clauses or sections in the Constitution that outlines particular powers, rights, or responsibilities for government and citizens

Amendment Process

Article 5 of the constiution outlines this process.

2 stage process

1) Has to be officially proposes

• 2/3 vote in senat and HR

• Passage in nat convention 2/3 of states

2) Must be ratified

• majority vote of ¾ of states