Chapter 3 AP Government Test

the united states is a _______of________

union of states

federalism

A system of government in which power is divided by a written constitution between a central government and regional or subdivisional governments. Each level must have some domain in which its policies are dominant and some genuine constitutional guarantee of its authority.

the national government does not have _______

all the authority in the system; the rights and powers are reserved to the states by the 10th amendment

independent nations int he world

196

three systems of government that show relation between central and local gov

(1) the unitary system

(2) the confederal system

(3) the federal system.

unitary system

assigns ultimate governmental authority to the national, or central, government; subnational governments exercise only the powers the central government chooses to delegate

(power held by national gov)

confederal system

a league of independent states in which a central government or administration handles only those matters of common concern expressly delegated to it by the member state

(ultimate power is retained by states)

federal system

lies between the unitary and confederal forms of gov, authority is divided between central gov and regional

(gov powers are divided by the national and states)

what is the constitutional covention advocate for

strong national government that debates states rights

supporters of the new constitution were called

political pragmatists

with a federal arrangement the constitution could not be _______

ratified

There are more than ______ elected positions in the US

500,000

benefits for the US regarding federalism

-state governments have been training grounds for national leaders

-many presidents were governors first

-states have been testing grounds for government initiatives

why did Madison want to adopt a federal system

 because it would protect the people from absolute power of the national government 

examples of things characterized by subcultures

race, ethnic origin, region, wealth, education, religion

What would happen if the US was a unitary system

many subcultures would have been less able to influence government behavior rather than a federal system (The nation might not have survived)

how may states allow legal use of marijuana for medical purposes

23

The three different types of powers in the Constitution 

• (1) the powers of the national government 

• (2) the powers of the states

•  (3) prohibited powers

what would happen if the state or local law conflicts with a national law

the national law will prevail

types of powers in the national gov

expressed, implied, inherent

Examples of Enumerated powers

• Include coining money 

• Setting standards for weights and measures 

• Naturalization laws 

• Admitting new states

• Post offices 

• Declaring war 

• Regulate commerce

necessary and propor clause

• this clause implies the powers of the national

• found in article 1 section 8

• called elastic clause because it provides flexibility to the constitutional system 

• grants Congress the power to do whatever is necessary to execute its specifically delegated powers

• Clause first use in mcCulloch vs. Maryland 

Inherent Powers

• These derive from that fact that the united states is a sovereign power among nations 

• All states have inherent right to ensure own survival

Examples of States powers

• right to regulate commerce within state borders

• provide for state militia

police power

• The authority to legislate for the protection of the health, morals, safety, and welfare of the people. In the United States, most police power is reserved to the states

concurrent powers

• Powers held jointly by the national and state governments, not listed in the constitution Ex: power to tax, borrow funds

prohibited powers

• the constitution denies serval powers to the national government 

• Ex: national gov may not impose taxes on exports 

• Any power not granted expressly or implicitly to the federal government by the constitution is a prohibited

supremacy clause

• The constitutional provision that makes the Constitution and federal laws superior to all conflicting state and local laws.

  • States cannot use their concurrent powers to undermine national powers 

• Article 6 clause

what was the goal of the founding fathers to prevent

They wanted to prevent the national government from becoming too strong

What did the founding fathers do as a result of trying to prevent the national government from becoming too strong?

divided the government into three branches and created the system of checks and balances

three branches of government

legislative, executive, judicial

horizontal powers

A check against the expansion of government power that relies on checks and balances between branches of government on the same level.(happens at state and national levels)

separation of powers functions as this

vertical control

• A structural check against the accumulation of too much power in any one level of government (national or state).

• involves the power sharing between states and national government

• federalism is an important for of checks and balances, it is known as this

Three most important clauses regrading interstate relations

• full faith and credit (article 4 section 1 )

• privileges and immunities (article 4 section 1 )

• interstate extradition (article 4 section 2 )

Full faith and credit clause

• This section of the Constitution requires states to recognize one another’s laws and court decisions. It ensures that rights established under deeds, wills, contracts, and other civil matters in one state will be honored by other states.

• Ensures that rights established under deeds will be honored by any other state 

• Ensures that any judicial decision will be honored/ enforced in all states 

Privileges and immunities

• Special rights and exceptions provided by law. States may not discriminate against one another’s citizens.

• States have to extend to citizens of other states protection of the laws, right to work, access to courts, and other things that they would grant their citizens

Interstate extradition 

• A person who committed a crime and fled to another state should returned to home state

• Agree to return persons who are fleeing from justice in another state back to their home state when requested to do so

extradite

To surrender an accused or convicted criminal to the authorities of the state from which he or she has fled; to return a fugitive criminal to the jurisdiction of the accusing state

Interstate compacts

An agreement between two or more states. Agreements on minor matters are made without congressional consent, but any compact that tends to increase the power of the contracting states relative to other states or relative to the national government generally requires the consent of Congress. Such compacts serve as a means by which states can solve regional problems.

(legally binding agreement between 2 or more states) 

What does the constitution have to do in order to be effective

to be open to more than one interpretation in order to be effective 

(Opens the door to different interpretations of federalism )

Chief Justice John Marshall

• supreme court head 1801-1835

• He was a federalist who advocated for a strong central government 

• Two cases he decided that defined boundaries between federal and state power 

  • McCulloch v. Maryland 

  • Gibbons v. Ogden 

How many times in history has US chartered banks

only 2 times, (1st and 2nd banks of america)

what did the government of Maryland want to do with their banks

• intended to regulate its own bank and didn’t want to compete with national banks 

McCulloch v. Maryland 

• The branch cashier was James William McCulloch, who refused to pay the Maryland tax. 

  • Maryland took him to state court and Maryland won 

  • The national government appealed the case to the Supreme Court

Marshall’s Decision for McCulloch v. Maryland 

• no state could use its taxing power to tax an arm of the national government

• His decision enabled the national government to grow and meet problems that the constitution framers were unable to foresee 

• Congress’s power to establish a national bank was not expressed in the Constitution

•  To him  the necessary and proper clause embraced “all means which are appropriate: to carry out the ‘legitimate ends’ of the Constitution.”

when is something unconstitutional

when actions are forbidden in the constitution

what is the constitution

living instrument that has to be interpreted to meet the practical needs of government

commerce clause

The section of the Constitution in which Congress is given the power to regulate trade among the states and with foreign countries( article 1 section 8) 

Gibbons v. Ogden (1824)

• Aaron Ogden operated steam powered ferry boats between New York and New Jersey

• Thomas Gibbons, had license to operate boats in interstate water  decide to compete with Ogden without new york permission 

• Ogden sued Gibbons 

• NY state courts prohibited gibbons from operating in New York waters 

  • Gibbos appealed to the supreme court 

3 issues that were prior to Gibbons v. Ogden (1824)

• Didn’t know how to define the word commerce?

  • New york defined it to mean only the shipment of goods, not navigation or transport of people 

• Did the national government have the power to regulate interstate commerce?

• Was the power to regulate commerce a concurrent power 

  • Meaning a power that could be exercised by both state and national government

marshall’s ruling for Gibbons v. Ogden

• Defined commerce as all commercial interaction dealing with all businesses, including navigation and the transport of people

• emphasized that the power to regulate interstate commerce was an exclusive national power

• interpretation of the commerce clause allowed the national government to exercise increasing authority over all areas of economic affairs throughout the land 

what led to civil war

• Slavery  

• Also dispute over national government supremacy v. rights of the separate states led to civil war 

(it brought ultimate and violent climax between federalist and anti federalist parties)

What happened during Jacksonian Era (1829-1837)

• shift back to the states rights began 

• Regulation of commerce became a major issue in federal state relation

What made the north and south become even more divided

tariffs

when did SC leave union

December 20 1860

what happened on February 4th 1861

6 other southern states met in montgomery alabama to form a new government (confederate states of america) 

What happened to the national government’s power after Civil war

it increased

13th amendment(1865)

bolished slavery and the institution all together, and ⅗ gone 

14th amendment(1868)

no State shall deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

15th amendment(1870)

gave African Americans the right to vote in all elections, including state elections, although a century would pass before that right was enforced.

duel federalism

A system in which the states and the national government each remains supreme within its own sphere. The doctrine looks on nation and state as coequal sovereign powers. Neither the state government nor the national government should interfere in the other’s sphere.

(picture layer cake: national gov as top layer, state gov on bottom layer)

advocates of dual federalism believed that the state and national governments should not exercise authority in the same areas.

Who interoperates the constitution

supreme court

in duel federalism the national government can….

the national government could intervene in state activities through grants and subsidies

when was FDR inaugurated

March 4th 1933

what happened prior to FDR presidency

• 1500 banks failed 

• 4000 more would fail in 1933

• 32,000 businesses closed down 

• ¼ of labor force unemployed

• From 1930-1932 national government did nothing for great depression

Herbert hoover (1929-1933

•  clung to doctrine of dual federalism and insisted that unemployment and poverty were local issues

  • States has sole responsibility for combating the effects of unemployment and providing relief to the poor

Anti poverty program that was center piece for new deal

National Recovery Administration (NRA), provided codes for every industry to restrict competition and regulate labor relations

What did the supreme court rule NRA to be

• unconstitutional

  • The NRA had turned out to be largely unworkable and was unpopular.

What did FDR add to the supreme court

• 6 new justices to supreme court 

  •  the new justices would be more amenable to the exercise of national power

  • Seen as an assault to the Constitution 

cooperative federalism

 The theory that the states and the national government should cooperate in solving problems.

(seen as marble cake)

categorical grant

Federal grant to states or local governments that is for specific programs or projects.

through the use of grants, the national government has been able have control over matters that traditionally have been the state governments

block grants

• Federal program that provides funds to state and local governments for general functional areas, such as criminal justice or mental health programs.

• provides aid to state welfare programs

what grants do the state and congress prefer

state governments prefer block grants

Congress generally favors categorical grants, because the expenditures can be targeted according to congressional priorities.

federal mandates

requirement in federal legislation that forces states and municipalities to comply with certain rules.

national government moderates federal mandates by waivers

waivers

they allow individual states to try out innovative approaches to carrying out the mandates

FEMA

responsible for natural disaster relief support and help 

• Citizens claim there was no help from them after Katrina 

What power does Conservatives favor

state power

What power does liberals favor

national government

why do states favor status quo

• Some states are more conservative than others 

• There is many competition among the states 

• Relative power of local economic interests 

  • ex:A large corporation in a small state, for example, may have a substantial amount of political influence

devolution

• The transfer of powers from a national or central government to a state or local government.

  • Major theological theme for republican party 

new federalism

•  Nixon (1969-1974) advocated for a new federalism 

  • devolve authority from the national government to the states

  • involved the conversion of categorical grants into block grants, thereby giving state governments greater flexibility in spending.

• He also wanted revenue sharing 

  • The national government provided direct, unconditional financial support to state and local governments.

New Judicial Federalism

• The increased reliance of state courts of last resort on state constitutions rather than on the federal Constitution for the protection of individual right

  • Reflets dual federalism perspective in the state within their own spheres 

Federalism today

• Limited national authority 

• Federalism is still an important element in conservative ideology

• Liberals today may benefit from states rights understood as policy innovation opportunities 

• Conservatives help limit federal power 

who determines the line between federal and state powers 

supreme court

1995 U.S. v. Lopez

• The supreme court held that congress has exceeded its constitutional authority under the commerce clause when it passed the Gun- free school zone act 

• Court stated that the act which banned the possession of guns within 1,000 feet of any school, was unconstitutional because it attempted to regulate an area that had “nothing to do with commerce

U.S. v. Morrison

• The court held that congress had over reached its authority under the commerce clause when it passed  the Violence against Women Act in 1994.]

•  The Court invalidated a key section of the act that provided a federal remedy for gender-motivated violence, such as rape

11th amendment

This amendment precludes lawsuits against state governments for violations of rights established by federal laws unless the states consent to be sued 

10th amendment issues

The powers not delegated to the Us by constitution are reserved to the states or to the people 

immigration policy

• Viewed as falling within the federal government 

• Regulating the border involves more than one state as well as the united states

• U.S. federal law requires all immigrants over the age of 14 who remain in the United States for more than 30 days to register with the U.S. government and to have registration documents in their possession at all times

• public opinions varies widely by state on this