Federalism Test

Gibbons v. Ogden

• ruled that New York's monopoly on steamboat traffic was unconstitutional because it conflicted with federal law

• resulted in a landmark decision that established Congress's broad power to regulate interstate commerce, including navigation, under the Constitution's Commerce Clause

• setting a precedent for future federal regulation of the national economy

McCulloch v. Maryland

• upheld the constitutionality of the Second Bank of the United States

• Congress had the power to charter the bank through its implied powers under the "necessary and proper clause"

• states could not tax a federal institution

• strengthened federal power and affirmed that federal laws are supreme to state laws

Unites States v. Lopez

• The Court ruled the Gun-Free School Zones Act of 1990 was unconstitutional

• Congress had overstepped its power under the Commerce Clause

• Possessing a gun in a local school zone was not an economic activity that substantially affected interstate commerce

• reaffirming the principle that federal authority has limits and that regulating local issues like gun possession in schools is a state matter

Enumerated (expressed, delegated) powers

• Enumerated powers: the specific powers explicitly granted to the U.S. federal gov., primarily Congress, by the Constitution, listed in Article I, Section 8

• expressed: Powers granted to the federal gov. by the Constitution

• delegated: Powers specifically listed, or "spelled out," in the Constitution

ex: Military: The authority to declare war, raise and support armies, and provide and maintain a navy are enumerated powers

Implied powers

• powers of the federal gov. that are not explicitly written in the Constitution but are necessary to carry out its express powers

• derived from the Necessary and Proper Clause

ex: McCulloch v. Maryland: Congress has the power to tax and borrow money, and the Supreme Court ruled that creating a national bank was a necessary and proper way to do so

Inherent powers

• authority a government, a branch of government, or a court possesses that is not explicitly granted by a constitution or statute but is considered necessary for its existence and to perform its essential functions

ex: The president's authority to command the military and deploy troops (and executive orders)

Concurrent powers

• the powers shared by both the federal and state governments

ex: power to tax, build roads, and establish courts

Reserved powers

• reserved powers are a foundational principle of American federalism (Tenth Amendment)

• govs. authority is limited to only those powers granted to it by the Constitution, with all other authority either remaining with the states or with the people

ex: allows states to create laws and programs for issues like public education, health and safety, local governments, and intrastate commerce

Extradition

The process of a formal agreement between countries to surrender an individual to another country for trial or punishment for crimes committed in the requesting country's jurisdiction

Obligations of the national government to the states

Guarantee a republican form of government to each state, protect states from invasion and domestic violence, and respect their territorial integrity

Causes for growth in the power of the national government

Major crises, such as the Great Depression and world wars, have consistently expanded federal authority, with the increased power often remaining in place after the crisis subsides

ex: President Franklin D. Roosevelt's New Deal programs created a wide range of new federal institutions and regulatory agencies to stabilize the economy, The September 11, 2001, terrorist attacks triggered a rapid expansion of federal power to address new national security threats (creation of the Department of Homeland Security)

New Federalism (devolution)

• Transfers power from the U.S. federal government to state and local governments

• Reagan's administration sought to reduce federal control by cutting domestic programs and shifting authority over them to state and local governments, often through the use of block grants

Cooperative Federalism

• a model where federal and state governments work together to solve problems, blurring the lines of authority and sharing responsibilities

• emerged during the New Deal, involves the federal government often using grants-in-aid to encourage states to implement national policies in areas like education, healthcare, and environmental protection

Dual Federalism

• a system of governance where power is clearly divided between the federal and state governments, each operating within its own distinct sphere of authority, similar to a "layer cake"

• prevalent from the nation's founding until the New Deal era

10th Amendment

• reserves powers not delegated to the federal government to the states or the people, establishing the principle of federalism

Categorical Grants

• federal funding given to state and local governments for a specific purpose or project, with strict rules and guidelines for its use

• “string attached”

Block Grants

• a block grant is a large sum of money from the federal government given to a state or local government for a broad purpose

Formula Grants

• non-competitive award from a federal or state government to a recipient, such as a state or local government, based on a predetermined formula

• population, demographic data, geographic characteristics

Project Grants

• funding awarded to organizations or individuals for a specific project or initiative with a defined timeline, budget, and set of activities

• restricted and must be used for the exact purpose outlined in the proposa

Commerce Clause

• Article I, Section 8

• grants Congress the power to regulate commerce with foreign nations, among the several states, and with Indian tribes (economic activities)

Supremacy Clause

• Article VI, Clause 2

• establishes that the Constitution, federal laws made in accordance with it, and treaties are the "supreme Law of the Land"

• states must recognize same-sex marriage licenses.

Necessary and Proper Clause (aka elastic clause)

• Article I, Section 8

• gives Congress the power to pass laws that are needed to carry out its other, explicitly listed powers, allows the federal government to adapt to new circumstances not anticipated by the framers

• the creation of the First and Second Banks of the United States (McCulloch v. Maryland)

Full Faith and Credit Clause

• Article IV, Section 1

• requires states to respect the "public acts, records, and judicial proceedings" of every other state

• states must recognize legal judgments, such as final court rulings, as well as public acts and records, like driver's licenses, marriages, and contracts

Privileges and Immunities Clause

• Article IV Section 2, which prevents states from discriminating against out-of-state citizens regarding their fundamental rights

• Fourteenth Amendment, which prohibits states from making or enforcing any law that abridges the privileges or immunities of U.S. citizens

• Both clauses protect citizens' fundamental rights

Why did the framers establish a federalism system? There are multiple reasons know them (and to “avoid tyranny” is not acceptable)

• To address the weaknesses of the Articles of Confederation, Federalism provided the national government with the necessary powers to be effective, such as the power to tax and regulate commerce

• To protect state and individual liberty, preserved state sovereignty by granting states significant powers, particularly those related to local issues, public health, and safety

What has caused federalism to “evolve” over time?

• shifting the balance of power between the national and state governments over time

• historical crises, Supreme Court decisions, technological advancements, and political movements

Powers denied to the states

• outlined in Article I, Section 10

• include actions such as making treaties, coining money, and impairing contracts

Powers denied to the Federal/National Government

• include passing ex post facto laws, granting titles of nobility, and suspending the writ of habeas corpus

Advantages and disadvantages of a federal system

• Advantages: policy experimentation, closer citizen representation, and checks on power

• Disadvantages: inequality between states, slower national action, and potential for conflicting laws

Unitary system v. federal states v. confederation

• Unitary system: a form of government where a central authority holds all power, and any regional or local governments are subordinate and derive their authority from the central government (France, Japan, China)

• Federal states: states are a system of government where a central, or federal, government shares power with smaller, self-governing states or regions (US, Germany, Canada)

• Confederation: a political union of sovereign states, or member units, that unite for a common purpose while maintaining their individual autonomy

Mandates and unfunded mandates

• Mandates: directive from a higher authority, like the federal government, to a lower one, such as a state, to implement a specific policy

• Unfunded mandates: mandates are federal laws that require state and local governments to implement new policies without providing federal funding (National Minimum Drinking Age Act of 1984)

Coercive federalism – “carrot and stick”

• allows the federal government to exercise greater power over state government

• "carrot" is federal funding and grants-in-aid, which incentivize states to comply with federal requirements,

• "stick" is the threat of withholding those funds or imposing penalties for non-compliance, such as through unfunded mandates.

Brutus 1

• Anti-Federalist essay written to argue against the ratification of the US Constitution, warning that a large powerful central gov. would inevitably lead to tyranny by infringing on individual liberties and state sovereignty

• Size of republic: claimed US too large for republican form of gov., representatives would not be close to people to understand their needs

• Threat to individual liberties: warned new Constitution’s broad powers would threaten individual freedoms, emphasizing need for a Bill of Rights

•  Unlimited power of federal gov.: concern over “necessary and proper clause” and supremacy clause could give federal gov. Unlimited and uncontrollable power, potentially leading to destruction of state govs.

• Standing armies and taxation: criticized power of national gov. to raise standing army during peacetime, feared it would be used to oppress people, federal power to tax would be used tyrannically

• Annihilation of state power: feared central gov. would absorb powers of the states, leaving them insignificant and leading to destruction of a decentralized system

Federalist 10

• Madison argues a large, diverse republic is the best way to control the dangers of “factions” (groups united by interests harmful to the rights of others or the common good

• Factions are inevitable, large republic will control their influence so one does not gain control and oppress others

• Elected representatives can filter public opinion, promote reasoned debate, and act in the broader public interest

• The two ways of eliminating the causes of faction are destroying liberty and giving everyone the same interests, passions, and opinions (Both are unacceptable because they go against essentially human nature; it is impossible to get rid of these causes)