Federalism - AP Gov

federalism

how to u.s. govt. divides and shares power between federal and state govts.

enumerated powers

exclusive to the federal govt. and is written in the Constitution

-ex. Congress’ power to declare war (Article I section 8)

implied powers

exclusive to the federal govt. but arent written in the Constitution (they’re inferred in the Necessary and Proper clause)

Necessary and Proper clause

gives congress the power needed to execute their enumerated powers

McCulloch v. Maryland

the bank is constitutional by Necessary and Proper clause and Maryland cannot tax it since it violates the Supremacy clause

^case strengthened the power of the federal govt. and both clauses

the power to tax is…

the power to destroy

Supremacy clause

federal law is priority over any conflicting state law

concurrent powers

powers shared between the federal govt and state govts.

-ex. regulate commerce, establish courts, enforce criminal laws

Fed. 39 (Madison)

intricate balance between the federal and state govts. (division of authority and how the US is a republic)

Marshall court

expanded power of the federal govt.

reconstruction amendments are…

13, 14, 15

Plessy v. Ferguson

established “separate but equal doctrine” and strengthened state govts. ability to enforce Jim Crow laws

^example of states beating the federal govt.

Dual federalism

states and nation operate independently in their own areas of public policy, and both are sovereign w/ very separate powers (a layered cake)

selective incorporation

after an amendment is implied, no state can take it away

^increases federal power as it forces the states to comply

(Bill of Rights DO NOT apply to state cases)

Gitlow v. New York

first selective incorporation case (ruled the 14th amendment extended the 1st amendment’s freedom of speech)

cooperative federalism

both govts work together in the same areas (federal provide funds, states implement)

block grants

give states full freedom with the money

categorical grant

states must spend in specific category

mandates

requirements to implement specific policies or meet certain standards

Patriot Act

expanded federal govts ability to access phone and email records to an unprecedented level if suspected of terrorist activities (after 9/11)

due process (14th)

you as an individual (life, liberty, property)

Equal Protection clause (14th)

what makes you (beliefs, identity, race) ← everyone is equally protected by the law

commerce clause

congress regulates all economic things (commerce) in all of America (internationally and within states)

Marbury v. Madison

Supremacy clause

Gibbons v. Ogden

Congress has the power to regulate interstate commerce (commerce clause)

US v. Lopez

Supreme court limited Congress’ power under the commerce clause (huge change)

Article VI

relationship between states

full faith and credit clause

requires states to recognize the public acts, records, and civil court proceedings from another state

extradition

requirement that officials in one state return a defendant to another state were a crime was commited

privileges and immunities clause

prevents states from discriminating against people from out of state