AP Gov AMSCO 1.7 Relationship Between the States and Federal Government Study Guide

What is federalism?

The sharing of powers between the national government and state governments.

What does Article VI of the Constitution establish?

The Supremacy Clause

Supremacy Clause

places national law, treaties, and presidential action above state authority

How is national law limited according to the Constitution?

By the enumerated list of Congress's powers in Article I, Section 8.

Can states disregard federal actions or policies?

States cannot disregard federal actions or policies unless they violate the Constitution.

What is the relationship between national law and presidential authority?

National law and presidential authority are limited by the Constitution.

What does Full Faith and Credit in Article IV entail?

It ensures that court judgments or laws from one state are given the same legal weight and effect in any other state, promoting unity and consistency.

What is the purpose of the Protections of Privileges and Immunities clause?

It protects fundamental rights from state discrimination against citizens of other states, ensuring they are treated equally to residents.

What does the Extradition clause require?

It requires a jurisdiction to surrender an individual accused or convicted of a crime in another jurisdiction back to the authorities for prosecution or punishment.

What are the enumerated powers of Congress outlined in Article I, Section 8?

They include specific powers granted to Congress, along with the necessary and proper clause allowing for implied powers.

What powers are denied to Congress in Article I, Section 9?

Congress is denied powers such as regulating the slave trade before 1808 and must treat states uniformly.

What does Article I, Section 10 prohibit states from doing?

It prohibits states from engaging in actions such as making treaties or impairing contracts.

What does the 9th Amendment state?

It reserves rights not listed in the Constitution for the people.

What is the significance of the 10th Amendment?

It reserves powers not delegated to the federal government for the states.

What are exclusive powers?

Powers that are delegated only to the federal government.

What does Article I of the Constitution enable Congress to do?

It enables Congress to legislate on military and diplomatic affairs and international and interstate commerce, and to define crimes such as counterfeiting, mail fraud, immigration violations, and piracy.

What are police powers?

Powers to create and enforce laws on health, safety, and morals.

Why do states have police powers?

Because they already had prisons, state militias, and other services when the federal system was created.

Concurrent Powers

Powers are held by authorities at both levels, state, and federal.

Federal Powers

Declare war, regulate interstate commerce, define immigration/naturalization.

Shared Powers

Levy taxes, enforce laws.

State Powers

Operate schools, regulate health, safety, and morals, incorporate cities and companies.

What federal law defined marriage as between one man and one woman?

The Defense of Marriage Act (1996)

What did some states do in response to the Defense of Marriage Act?

Some states rewrote their marriage laws and added amendments to their state constitutions to define marriage as between a man and a woman only.

Which two constitutional articles were in conflict regarding marriage definitions?

Article IV and the 10th Amendment

What does the Full Faith and Credit Clause suggest about same-sex marriage recognition?

If one state legalized and recognized same-sex marriage, other states had to as well.

What power does the 10th Amendment's reserved power clause give to states?

The power to define marriage and decide if they recognize same-sex marriage.

Which Supreme Court case ruled that same-sex marriages were guaranteed under the Equal Protection Clause?

Obergefell v. Hodges

What constitutional clause did the Supreme Court use to rule in favor of same-sex marriage?

The Equal Protection Clause in the 14th Amendment.

How have marriage laws been a source of power struggles between federal and state governments?

Marriage laws have led to conflicts over definitions and recognition of same-sex marriages, highlighting the tension between federal mandates and state rights.

What is the primary purpose of federal grant programs?

To collect federal tax revenues and distribute these funds to states for national concerns.

What are Grants-in-Aid Programs?

Programs where the federal government uses incentives to prompt states and localities to address issues like safety, crime, education, and civil rights.

What happens to states that do not qualify for federal aid?

They may have federal funds withheld.

Why might states be reluctant to cede authority to the federal government?

Because they need or want the federal funds but are concerned about losing their autonomy.

What are categorical grants?

Grants with specific congressional guidelines, requirements, or conditions of aid.

Who benefits from categorical grants?

Grant recipients at the state and local levels, including state agencies, community groups, and nonprofit agencies.

What was the purpose of the Morrill Land-Grant Act of 1862?

To encourage states to build colleges by allowing Congress to parcel out large tracts of land.

What significant change occurred in 1916 regarding federal grants?

Congress increased the usage of grants to fund road construction.

How did federal grants impact the national treasury?

Federal grants contributed to the growth of the national treasury.

What did the 1964 Civil Rights Act stipulate regarding federal funding?

Congress withheld federal dollars from schools that did not fully desegregate their students.

What was the National Minimum Drinking Age Act of 1984?

An act where Congress offered large sums of money to states on the condition that they increase their drinking age to 21.

What was the outcome of South Dakota v. Dole?

The Supreme Court ruled that Congress had the power to set conditions on the drinking age for states to receive federal dollars for highway repair and construction.

What are Block Grants?

Federal money given to states for broadly defined reasons with no strings attached.

What was the purpose of Special Revenue Sharing proposed by President Nixon?

To merge ⅓ of all federal programs into 6 loosely defined megagrants, reducing Congress's oversight.

What is a consequence of the Special Revenue Sharing approach?

It took away Congress's role of oversight and denied individual representatives and senators the ability to claim credit.

What became the norm again after the decline of Special Revenue Sharing?

Categorical grants became the norm again.

Name two examples of Block Grants.

Comprehensive Employment and Training Act of 1973 (CETA) and Community Development Block Grant.

Under what conditions are congressional restrictions on grants to states constitutional?

They must be for the general welfare of the public and cannot be ambiguous.

What limitation exists regarding Conditional grants from Congress?

They cannot be used to induce states to engage in unconstitutional activities.

Mandates

Require states to comply with a federal directive with the reward of funds.

Unfunded Mandates

Require states to comply with a federal directive without the reward of funds.

Who can issue mandates?

the legislative, executive, and judicial branches can

What are mandates usually used to address?

environmental concerns, civil rights, and other societal needs

Clean Air Act Amendments

Set requirements and timetables for dealing with urban smog, acid rain, and toxic pollutants.

Americans with Disabilities Act

Required public sector buildings and transportation systems be accessible for disabled individuals.

Civil Rights Restoration Act

A legislative act aimed at restoring civil rights protections.

Family and Medical Leave Act

A law that allows employees to take unpaid leave for family and medical reasons.

National Voter Registration Act (Motor-Voter Law)

A law designed to increase voter registration by allowing registration at the same time as applying for a driver's license.

Devolution

Return of power to states by using block grants.

Actions that supported the devolution policy

Unfunded mandates reform act and personal responsibility and work opportunity reconciliation act

Unfunded Mandates Reform Act

Denied Congress the ability to issue unfunded mandates, laws that were taking up some 30% of state budgets.

Personal Responsibility and Work Opportunity Reconciliation Act

Restructured the welfare system to return much authority and distribution of welfare dollars to the states.