Federalism

Federalism

A system of government where power is divided between a central government and regional governments.

Supremacy Clause

Establishes that the Constitution, federal laws, and treaties are the supreme law of the land.

Commerce Clause

Grants Congress the power to regulate commerce with foreign nations, among the states, and with Native American tribes.

Enumerated Powers

Powers specifically granted to the federal government by the Constitution.

Reserve Powers

Powers not delegated to the federal government or prohibited to the states, reserved for the states or the people.

Implied Powers

Powers not explicitly stated in the Constitution but necessary for carrying out the enumerated powers.

Concurrent Powers

Powers shared by both the federal and state governments.

Powers Denied to the States

Powers that the Constitution specifically denies to the states.

Tenth Amendment

States that powers not delegated to the federal government nor prohibited to the states are reserved to the states or the people.

Marshall Federalism

Era where the federal government expanded its power and established its supremacy over the states through key court cases.

Dual Federalism

A form of federalism where the federal and state governments operate in separate spheres of authority.

Cooperative Federalism

A system where federal and state governments work together to address issues.

Creative Federalism

Federalism model where federal government provides funds to states to address specific needs.

New Federalism

A shift towards giving more power and responsibility back to state governments.

Devolution Revolution

A movement to return more power to the states by reducing federal control.

Obergefell v. Hodges

A Supreme Court case that legalized same-sex marriage nationwide.

Gonzalez v. Raich

A Supreme Court case that upheld the federal government's power to prohibit the use of marijuana.

Dobbs v. Jackson Women’s Health Organization

A Supreme Court case that overturned Roe v. Wade and returned abortion regulation to states.

Affordable Care Act

Expanded federal power in healthcare while providing states some flexibility in implementation.

McCulloch v. Maryland (1819)

Supreme Court case ruling that Congress had the power to create the Second Bank of the United States under the Necessary and Proper Clause, and states could not tax federal institutions due to the Supremacy Clause.

Gibbons v. Ogden (1824)

Supreme Court ruling that Congress has the exclusive authority to regulate interstate commerce, invalidating state-granted monopolies.

Dred Scott v. Sandford (1857)

Supreme Court case denying citizenship to African Americans and ruling that Congress could not prohibit slavery in the territories, emphasizing state sovereignty.

Plessy v. Ferguson (1896)

Supreme Court case that upheld racial segregation under the 'separate but equal' doctrine, allowing states to maintain segregation laws.

Great Depression & WWII

Events that marked a shift towards Cooperative Federalism, with federal programs like the New Deal fostering collaboration between federal and state governments.

Federal Grants (Categorical Grants)

Funds provided by the federal government to states for specific purposes under federal guidelines, reflecting federal influence in state actions.

Brown v. Board of Education (1954)

Supreme Court ruling that racial segregation in public schools violated the Equal Protection Clause, increasing federal intervention in civil rights.

Civil Rights Act of 1964

Legislation that prohibited discrimination based on race, color, religion, sex, or national origin, requiring states to comply with federal standards.

National Minimum Drinking Age Act of 1984

Legislation that mandated states raise the drinking age to 21 or face federal highway fund reductions, showcasing federal influence on state policies.

Block Grants

Federal funding provided to states with fewer restrictions, allowing states greater autonomy in addressing broad issues under New Federalism.

Planned Parenthood v. Casey (1992)

Supreme Court case that upheld abortion rights but granted states control to impose certain restrictions, reflecting the New Federalism shift.

US v. Lopez (1995)

Supreme Court ruling that struck down the Gun-Free School Zones Act, emphasizing state sovereignty and limiting federal power.

Welfare Reform Act of 1996

Legislation transferring control over welfare programs to states, exemplifying the Devolution Revolution by reducing federal oversight.

Defense of Marriage Act (1996)

Law defining marriage as between one man and one woman for federal purposes, highlighting tensions between state and federal social policies.

Obergefell v. Hodges (2015)

Supreme Court ruling that legalized same-sex marriage nationwide, demonstrating federal authority over state laws on civil rights.

Gonzalez v. Raich (2005)

Supreme Court case upholding federal power to regulate marijuana under the Commerce Clause, reinforcing federal supremacy.

Dobbs v. Jackson Women’s Health Organization (2022)

Supreme Court case that overturned Roe v. Wade, returning abortion regulation power to the states.

Affordable Care Act (2010)

Legislation expanding Medicaid but allowing states to opt out, representing a blend of federal and state roles in healthcare.

Intergovernmental Lobby

Groups or organizations that represent the interests of state and local governments to the federal government.

Federalism and Intergovernmental Lobbying

Intergovernmental lobbying occurs within the framework of federalism, where states and local governments advocate for their interests in federal policy.

National Governors Association

An organization that serves as a lobbying group for state governors to influence federal policies and funding.

Council of State Governments

A nonpartisan organization that promotes the exchange of practical ideas and offers lobbying support for state governments.

Confederation of Local Government Associations

A collective of local governments which lobby for municipalities' interests at the federal level.

Impact of Intergovernmental Lobbying

Intergovernmental lobby groups often influence federal legislation and funding priorities that affect states and localities.

Tax and Budget Policies

Common areas focused on by intergovernmental lobbyists to secure favorable funding and policy support from the federal government.

Interstate Cooperation

Collaboration among states that can be facilitated through intergovernmental lobby efforts to address common challenges.

Advocacy for Categorical Grants

Intergovernmental lobby groups often advocate for more categorical grants to meet specific needs of states and localities.