Government U2 Federalism

Federalism

A political system where local units of government, as well as the national government, can all make decisions with respect to some governmental activities.

Unitary

The people vote for the central government. All state governments are the same and all are regulated by the central government.

Confederate

The people vote for the state governments. The state governments are sovereign. The central government only exists for the benefit of the state government.

Federal

The people elect BOTH their state governments and their central government. Both levels of government act for the people through their own laws, officials, and institutions (Each having their own formal authority). Power is divided/ shared between the two levels of government – power can not be changed except by action of BOTH levels of government.

Enumerated

Powers that are written down in the Constitution (Art. 1 Sec. 8).
Ex. The federal government has the ability to coin money.

Implied

Powers that can be inferred from the enumerated powers written down in the Constitution (Art. 1 Sec. 8)– established through the necessary and proper clause.

Ex. Obamacare→ commerce.

Reserved

Powers that belong to the states – established through the 10th amendment.

Ex. Education.

Concurrent

Powers that are shared by both national and state governments.

Ex. Taxation.

Denied

Powers that neither the national nor state governments can exercise.

Ex. Cannot discriminate.

Dual Federalism

The national government has a limited set of constitutional purposes and powers; national government rules by enumerated (given) powers only. Nation and states are sovereign within their own spheres; States rights are primary in a dual system.

Cooperative Federalism

Power is not concentrated on any one level of government – there are many centers of power/influence. National and State agencies work together jointly.

McCullough v Maryland

The federal government decided it needed to create a national bank. The state of Maryland didn’t like the federal bank competing with their state banks and decided to tax the activities of the federal bank. The Federal Govt. refused to pay the tax and the case found it’s way to the Supreme Court. Ruled and expanded the implied powers. Also solidified the supremacy clause.

Gibbons v Ogden

The Supreme Court allowed Congress to define interstate commerce as any sort of “business or commercial activity” within and between the states.→ broadened the definition of commerce clause.

Necessary and Proper Clause

“Congress has the power to...make all Laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers bested by this Constitution in the Government of the United States...”

Interstate Commerce Clause

Granting Congress the power “to Regulate Commerce with foreign Nations, and among the several States”—to regulating railroad rates.

Judicial Review

Justices they can change the interpretation of the constitution to favor an expansion of federal power. Marbury v Madison.

Incorporation of BOR

14th amendment caused the federal government to begin to apply the bill of rights to individual states following the civil war to limit state power.

US v Lopez

Is the 1990 Gun-Free School Zones Act, forbidding individuals from knowingly carrying a gun in a school zone, unconstitutional because it exceeds the power of Congress to legislate under the Commerce Clause?

The Court ruled the possession of a gun in a local school zone is not an economic activity that might, through repetition elsewhere, have a substantial effect on interstate commerce.

Grants in Aid

The giving of federal money or other resources to states and local units of government.

Block Grants

Have a broad general purpose; recipients have considerable freedom in how to allocate money (States more control).

Categorical Grants

For specific purposes; little independence on how the money will be spent (Fed Govt more control).

Formula Grants

Categorical grant where a formula is used to determine who is eligible and how much they will get. Some things that would be in that formula: state per-capita income, number of school-age children, number of families below the poverty line, etc.

Project Grants

Categorical grant where grants awarded on the basis of competitive applications. Grants that would be used for AIDS or cancer research, homeless projects.

Mandates

Requirements that direct state or local governments to comply with federal rules under threat of penalties or as a condition of receipt of a federal grant.

Ex. Medicaid → tied to general welfare.

Unfunded Mandates

Federal government does not pay for the execution of the act.

Ex. Americans with Disabilities Act → tied to commerce→ individual organizations and states had to pay to redo public institutions.

Funded Mandates

Federal government pays for a part of the execution of the act.

Ex. Medicaid→ federal government pays for 60% of it, where the states have to pay the rest.

Devolution

Transfer more power to state governments. 

Ex. Nixon New Federalism: Introduction of revenue sharing: federal money would be provided to the states and the states would use the money as they saw fit (more block grants).

Ex. Reagan: Ronald Reagan:

Grant money to states decreased; states were expected to pick up the costs of programs or eliminate the programs

Full Faith and Credit

Must respect marriage contracts created in other states (Now including same sex marriages).

Must respect and uphold the court decisions of other states

States do not have to follow the criminal laws of other states, but must uphold civil law (divorce, marriage?)

Privileges and Immunities

A state can not discriminate against you (treat you differently) than a citizen of their own state.

Extradition

If you commit a crime in TX and flee to FL and the FL police pick you up, FL CAN NOT hold your trial – you must be sent back to TX to stand trial.

Expansion of Federal Power

Historical circumstances – the Civil War

Constitutional amendments – 14th, 15th, 16th, and 17th (equal protection of laws, voting, income tax, direct election of senators – all placed national power over state power)

Legislation of the necessary and proper clause – Congress uses this clause to do things that are not explicitly mentioned in the Constitution

Judicial interpretation of government powers – since 1925, when states have tried to limit individual freedoms, the SC has stepped in to overrule the state and enforce national supremacy

Using grants-in-aid to force the state government control.