Unit 2 (CH3&4) - UTA Morris POLS 2311

A system that distributes power between state and national governments is called

federalism

In a federal system, governmental responsibilities are:

shared by both the state and federal governments

Expressed powers are

specific powers granted by the U.S. Constitution to the national government.

General revenue sharing grants are a central component of the process of devolution, which is a policy:

to remove a program from one level of government by delegating it or passing down to lower form of government (i.e. to the states in the US)

How did the Great Depression affect the nature of federalism in the United States?

It brought a dramatic increase int he rowth and power of the national government over commerce, though for the most part, state power was not directly curtailed

Which amendment preserves a strong role for the states in the Americanc federal republic?

Tenth

The Tenth Amendment states that

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

A state government's authority to regulate the safety , health and morals of its citizens is called the:

police power

The consitutional idea of state's rights was strongest during which historical period?

The years immediately preceding the Civil Waar

The power delegated by a state to local unit of government to manage its own affairs is known as:

home rule

What is an unfunded mandate?

a federal law that requires the states to do certain things but does not provide state governments with the funding to implement these policies

Under the traditional system of American federalism, most of the fundamental governing in the US was dominated by:

state governments

Which president introduced and presided over the New Deal?

Franklin Roosevelt

Which of the following cases expanded Civil Rights to same-sex couples by preventing state governments to the right to refuse marriage liscenses to these couples (2015)?

Obergefell v. Hodges

The principle of ________ gives the federal governemtn the power to override any state or local law in one particular policy

preemption

Who was the first president to promote New Federalism?

Richard Nixon

The full faith and credit clause

requires that each state's laws be honored by the other states.

Which type of grant provides more control to state and local governments in the distribution of federal grants-in-aid?

block

One argument for a strong federal government is its role in ensuring ________ across states.

equality

A state government's authority to regulate the health, safety and morals of its citizens is frequently referred to as

the police power

Habeas Corpus

a court order demanding that an individual in custody be brought into court and shown the cause for detention

During the Founding era, ________ were the strongest supporters of adding a bill of rights to the Constitution.

Antifederalists

For nearly the first 100 years after the ratification of the Fourteenth Amendment, the Supreme Court interpreted the equal protection clause to

permit a system of segregated social facilities

In 1961 selective incorporation had been applied to the sates for

The First and part of the Fifth Amendments

What was Justice Potter Stewart talking about when he declared, "I know it when I see it"?

pornography

Miranda rights concern

self-incrimination

Protection of citizens from improper government action is the definition of

civil liberties

Freedom of speech and of the press have a special place in American system because

free and open debate is an essential mechanism for determining the equality and validity of competing ideas

What were the Alien and Sedition Acts?

laws passed in the 1790s that made it a crime to say or publish anything that would defame the government of the United States

The rights to assembly and petition are guaranteed by the same amendment that guarantees

free speech

The first amendment's ______ protects the right to believe in and practice one's religion of choice

free exercise clause

The Supreme Court ruled in________ that the right to privacy did extend to the private lives of homosexuals

Lawrence v TX

The first ten amendments int he Constitution, collectively are called the

Bill of Rights

The Supreme Court case New York Times v US (1791) was related to which first amendmnet concept?

prior restraint

The Second amendment to the US constitution deals with

The right to hear arms

Gideon v. Wainwright (1963) estatblished the right

to legal counsel in felony cases

A woman's constitutional right to privacy was established in

Griswold v Conneticut

In terms of combatting racism, the NAACP had the most success with

lawsuits

Who is most likely to have federalism system government?

Nations with diverse ethnic or language groups

unitary system

dominated by central gov't; lower levels have little power; lower levels of gov't implement decisions made by central gov't

Expressed powers

specific powers in the consitution that are granted to congress and the prez

how many expressed powers in constitution?

17 and found in Article I, Sec. 8 and Article II of Constitution

Implied powers

the power to make laws "necessary and proper" to execute the expressed powers of Congress

Article VI specifies that the laws of Congress shall be the ____

"supreme Law of the Land"

Supremacy clause

supremacy clause

when conflict between federal and state law, federal law prevails

Tenth Amendement is also referred to as

the "reserved powers" amendment

Reserved powers

powers not specifically delegated to national gov't or denied to states

police powers

power reserved to the state government to regulate the health, safety, and morals of its citizens

Concurrent power

authority possessed by both the state and national gov't, such asa the power to levy taxes

Examples of Police Powers

Develop and enforce criminal codes

administer health and safety rules

regulate marriage and divorce laws

regulate individual livelihoods (i.e. licenses to practice medicine, law and other professions)

Examples of concurrent powers

chartering banks

grant or deny licenses for biz or professionals

regulate conditions of labor

levy taxes

Full Faith and Credit Clause

Article IV, Sec 1

states are expected to honor public acts and judicial decisions that take place in another state

Full Faith and Credit Clause Exception

if a practice in one state is against the "strong public policy" of another state

Privileges and immunities clause

Article IV, Sec. 2

Guarantees that citizens from outside a state enjoy the "privilages and immunities" given to people of that state

Privileges and immunities clause cannot

discriminate against someone from another state or give privileges to its own residents only

DOMA

1996

Defense of Marriage Act

Declared states would not have to recognize same-sex marrage from another state

United States v. Windsor

When was DOMA struck down

2013 by Supreme Court

granted same-sex couples equal treatment under law (taxes, inheritence, & other fed laws)

Obergefell v. Hodges

2015

The Court rules that the 14th Amendment guaranteed a fundamental right to same-sex marriages

All 50 states have to offer marriage licenses to same-sex couples & that they are recognized in all 50 states

Home Rule

a guarantee of noninterference by state gov't in various areas of local affairs

Does local gov't have any status in the constitution?

nope

Dual federalism

gave federal gov't exclusive control over some issues and states exclusive control over others

1789 - 1937

traditional system in US

dual federalism

1789 - 1937

fed gov't was small and dealt primarily with foreign affairs and commerce

What did the traditional system of federalism cover?

internal improvements like roads, bridges, canals;

tarrifs, patents and currency

in dual federalism, what was the roles of the state gov'ts?

performed majority of governing over day-to-day lives of citizens

civil law; criminal law

allowed for slavery to exist in some states but not in others

Commerce Clause

Article I, Sec. 8

delegates to Congress the power to regulate commerce with foreign nations

McCulloch v. Maryland

1819

Larger implications, allowing Congress to use its implied powers to expand - especially related to commerce

ruled US Congress had legal right to charter a nat'l bank, through its implied powers

Gibbons v Ogden

1824

established the supremacy of Congress over all matters affecting interstate commerce

Still left open the definition of interstate commerce

New Deal

1937 - FDR

US Supreme court expanded the federal gov't's power under the commerce clause to include:

Protecting rights of workers

extending low-interest credit to farmers and small biz

Restricting activities of corps w/ dealings in the stock market

Unemployment rate in 1932

25%

United States v. Lopez

1995 -

The Commerce Clause of the Constitution does not give Congress the power to prohibit mere possession of a gun near a school, because gun possession by itself is not an economic activity that affects interstate commerce even indirectly.

Printz v. United States

(1997)

the Court found that Congress lacks the authority to compel state officers to execute federal laws, specifically relating to background checks on handgun purchasers.

grants-in-aid

funds from the federal gov't given to the state gov't

The New Deal: Grants-in-Aid

included: social programs, and later expanded to school lunches and highway construction

categorical grants

grants given to states on condition the expenditures be limited to a problem or group specified by law

Have categorical grants increase?

Yes

1950 - $2.3billion

2016 - $667 billion

Cooperative federalism

model in which various levels of gov't work together to solve policy problems;

designed to encourage states and localities to pursue nationally defined goals;

fed gov't often provides some portion of the funding which is spent by the states or localities

Regulated federalism

congress imposes legislation on states and localities, requiring them to meet national stds

Fed gov't often demands higher stds and stricter uses for the funds

Preemption

a principle allowing the national gov't to override state and local acitons in certain policy areas

occurs when state or local actions do no agree with national req's

Unfunded mandates

rules forcing states to spend their own money to comply with federal laws

Devolution

transferring responsibility from the fed gov't to the state or local gov'ts

UMRA

1994

Unfunded Mandate Reform Act

Requires that Congress estimate the costs in unfunded mandates for any program it believes will cost the states more than $50mil

New Federalism

Efforts by Prez Nixon and Reagan to devolve many policies back to the states

Block grants

federal grant-in-aids that allow states considerable discretion in how the funds are spent

General revenue sharing

one unit of gov't yields a portion of its tax income to another unit of gov't

provides federal funds to states to spend as they wished - allowing for experimentation with diff policies

block grants under Reagan

Congress created 12 sweeping block grants that replaced hundreds of categorical grants

regulated federalism was generally characterized by

national stds

conditional grants

unfunded mandates

states help pay for and administer programs

New Federalism was generally characterized by

block grants

revenue sharing

devolution

state gov'ts have flexibility to make and administer programs

Dual Federalism started & ended

1789 - 1937

Cooperative federalism start & end

1937 - 1960

Regulated Federalism start & end

1960s - 1970s

New Federalism start & end

1970s - current

Redistributive programs

goal is to benefit the poor

economic policies designed to control economy through taxing and spending

Critics argue against redistributive programs

states and localities have to compete against one another, so no incentive to spend their money on the poor

Laboratories of Democracy

2000 onward

supporters want states to have greater control over govering their citizens

feel that by trying different approaches, states can find policy solutions that best meet the needs of their specific citizens

NCLB

No Child Left Behind Act

2001

Common Core curriculum

ACA

Affordable Care Act of 2010

expansion of Medicaid coverage

SB1070

2010 - Arizona

strict laws over immigration - all but the ability of law enforcement to ask about citizenship were struck down by The court

John Calhoun

South Carolina Senator - advocate for state's rights, limited government, and nullification (state's right to veto any federal law they found to be unconstitutional)1

ADA

1990 Americans with Disabilities Act

unfunded mandate

Civil Liberties

limitations on the gov'ts ability to interfere with the individual