federalism

boom

sovereignty

the power to govern

federalism (federal system)

power is divided between regional and national levels -- levels have different powers

Confederal system

individual governments work together and convene

Unitary system

one major government has power

Expressed (enumerated or delegated) powers

within constitutional context: powers explicitly/expressly stated in the constitution

Exclusive powers

powers restricted to certain levels of federal system -- 'exclusive' to one or the other

Concurrent powers

powers that both levels of a federal system can retain

Implied powers

non-expressed powers that are necessary to fulfill expressed powers

10th Amendment

powers not given to the federal government are reserved for the states

Reserved powers

powers states have by the 10th amendment

Denied (prohibited) powers

powers that are denied to states or the federal government

Necessary & Proper (elastic) Clause

congress can pass laws 'necessary and proper' to fulfill the government's enumerated powers and functions

Supremacy Clause

the constitution is the supreme law of the land, treaties and federal laws are honored likewise

Inherent powers

non-enumerated and non-implied powers that come with the existence of a government or government section

Habeas corpus

written order forcing authorities to explain a detainment before a court

Emoluments Clause

officials can't accept foreign gifts, bribes, or titles without congressional approval

Ex post facto law

law that criminalizes an act or enhances the punishment of a crime after it happens

Bill of attainder

unconstitutional order for punishment without trial

Police powers

powers reserved to the states to regulate for the health, safety, and welfare of their citizens

Marbury v. Madison

William Marbury wants to be a judge of the peace but doesn't get his commission from Secretary of State John Marshall under John Adams by the time the office transfers to Thomas Jefferson.

Judiciary Act of 1789

Says SCOTUS can make writ of mandamus on officials as a part of original jurisdiction.

Writ of Mandamus

A direct order to an official, which Marbury seeks from SCOTUS to get his commission delivered.

Original Jurisdiction

A court hears and decides a case before any appellate review.

Appellate Jurisdiction

A court hears and decides a case after another court has already heard it, with potential to appeal to a higher court.

Judicial Review

SCOTUS reviews the constitutionality of another government branch's actions and can strike them down if they're unconstitutional.

McCulloch v. Maryland

Congress establishes a national bank in Maryland, and MD retaliates by taxing it, but SCOTUS sides with the bank, acknowledging implied powers.

U.S. v. Lopez

A court case questioning whether it is permissible for an individual to have a gun in a gun-free school zone.

Commerce Clause

Gives Congress the power to regulate commerce among the states.

Federal Power

The authority of the federal government to enact laws and regulations that supersede state laws.

Political Supremacy

The concept that a political party or group maintains control over government actions and decisions.

Secretary of State

The head of the U.S. Department of State, responsible for foreign affairs.

Judicial Review Conclusion

SCOTUS strikes down part of the Judiciary Act of 1789, determining it unconstitutional after judicial review.

Taxing Power

The authority of a government to impose taxes on its citizens.

Court Case

A legal dispute brought before a court of law.

Political Envoys

Officials representing a government in diplomatic matters.

State Taxation

The ability of a state to impose taxes on entities operating within its jurisdiction.

Federal Laws

Laws enacted by the federal government that apply to all states.

Dual Federalism

A system where the federal level deals with its enumerated powers and the state level deals with its reserved powers, maintaining the highest independence.

Cooperative Federalism

A system where the federal level helps the state level deal with its reserved powers while preserving state policy autonomy.

Conflicted Federalism

A modern type of federalism that mixes components of dual, cooperative, centralized, and new federalism, resulting in a complex intergovernmental relationship.

Centralized Federalism

A system where the federal level takes policy responsibilities away from state control and enforces federal legislative directives on states, resulting in near-full federal control.

Conditional Grants

Federal funds that are withheld until states meet specific policy demands.

New Federalism

A system of intergovernmental relations focused on devolving centralized federalism and increasing state autonomy.

Devolution

Efforts aimed at rolling back centralized federalism concerning certain policies.

Intergovernmental Relations

The interactions between state and federal levels of government.

Grants (Federal Revenue Sharing)

Funds from the federal government to state or local governments that do not need to be repaid; they constitute 20% of federal spending and 25% of funding for state/local programs.

Categorical Project Grants

Grants where states and local governments compete with written proposals for funding, which is awarded by the federal government based on need and intent.

Race to the Top Educational Grant

A specific categorical project grant in Connecticut that funded initiatives such as common core, data teams, and interventions in low-performing schools.

Categorical Formula Grants

Grants where the amount of funding is determined by a formula based on the needs of the states receiving them.

Formula for grants

Formula is essentially # of people in need * grant budget/person, and grants are regulated with strings attached (mandates on funding usage, state pitch-in matching funds)

Block grants

Grants within broad policy areas (e.g. food assistance, tax credits) that leave lots of freedom for state choice in policy responsibilities and funding usage -- devolution started by Nixon, parallels grants-in-aid

Free block grant for food assistance

Where states are trusted to make good policies and properly distribute funds to ensure food goes to those who need it in sufficient qualities and whatnot

Creeping categorization

Increasing strings being attached to 'block grants' -- micromanagement of block grant money, especially during state desperation, leading to centralized federalism and federal control

mandates

statements that federal laws require state and local governments to adhere to if they want to receive funding/grants

funded mandates

mandates where federal government foots the entire bill for execution/implementation

unfunded mandates

mandates where the federal government foots less than 100% of the bill for executing the mandate

matching funds

state pitches in money to help pay for the expenses of a mandate or program related to a grant

14th Amendment

4 sections

Section 1 of the 14th Amendment

All people born in the US or naturalized have state and national citizenship. States can't legislate to restrict against privileges and immunities of citizens. States can't deprive people of life, liberty, or pursuit of happiness without due process of law. State laws have to give equal protection to all citizens.

Section 2 of the 14th Amendment

State Representatives are based on population. Population census counts all residents except for non-taxed Natives (overriding 3/5ths Compromise). Representation will be penalized for states in proportion to the amount of valid voters unfairly limited in their right to vote. Reduced in same proportion as disenfranchised to total voters. Valid voters: 21+ year old male citizen. Valid reasons for restriction on voting: crime and rebellion.

Loophole against African-Americans in voting

You can't take away their right to vote and also keep their representation… unless you imprison them first, in which case you can count them for your census without letting them vote.

Section 3 of the 14th Amendment

Rebelled officials can't take office again unless 2/3rds of Congress lift their individual ban. Individual states cannot take officials off the ballot - elections/appointments are in Congressional authority.

Section 4 of the 14th Amendment

National debt is unquestionable and public, but the government and the states won't take on or pay debts charged because of rebellion or slave emancipation.

Section 1 cases of the 14th Amendment

Arbitrary literacy tests, Constitutional knowledge tests.

Citizenship Clause (Article IV)

Originally about people who were freed from slavery. Now more focused on undocumented immigrants. Provides citizenship to millions of people when it was ratified.

Privileges & Immunities Clause (Article IV)

You get to enjoy the privileges of another state's laws when on vacation, etc. You would be immune from the law from your state. States can't pass a law that takes away citizen's privileges or immunities.

Full Faith and Credit Clause (Article IV)

States have to respect the legal decisions that were made in other states. Your legal decisions don't change based on state, they have to be honored.

Due Process Clause (Amendment XIV)

No state can deprive any citizen of their natural rights without due process (a fair opportunity to defend one's innocence).

Equal Protection Clause (Amendment XIV)

When you pass a law it applies to everybody in the country the same. Comes up a lot in civil rights cases when people feel laws are targeting them or a specific group of people.

Brown v Board of Ed

A landmark Supreme Court case that declared racial segregation in public schools unconstitutional.

Plessy v Ferguson

A Supreme Court case that upheld the constitutionality of racial segregation under the 'separate but equal' doctrine.