Federalism AP gov

Full Faith and Credit Clause

Full Faith and Credit Clause

The states must respect public acts, records and judicial proceedings of EVERY other state

Full Faith and Credit Clause EXAMPLE

marriage recognition, restitution payments

Privileges and Immunities Clause

No state shall make or enforce ANY law which shall abridge the privileges of immunities of the citizens of the United States.

Privileges and Immunities Clause EXAMPLE

Denying life, liberty, or property without process of law.

Extradition Clause

Requires the RETURN of fugitives to the state where they are accused of a crime.

Commerce Clause

Gives Congress BROAD power to regulate INTERSTATE commerce and restricts states from impairing interstate commerce.

US v. Lopez BACKGROUND

Lopez was arrested for carrying a weapon on school property. Congress claimed he was impacting interstate commerce.

US v. Lopez ; LOPEZ ARGUMENT

This matter had nothing to do with interstate commerce and the law was unconstitutional.

US v. Lopez ; CONGRESS ARGUMENT

Gun violence has a huge effect on interstate commerce. The presence of firearms could result in students disturbance which would inhibit learning, therefore leading to a weaker national economy as education is a crucial element of the nation’s financial health.

US v. Lopez HOLDING

The possession of a handgun near school is NOT an ECONOMIC ACTIVITY. Nor does it have any effect on INTERSTATE commerce. Therefore, it cannot be regulated by Congress.

US v. Lopez IMPACT

Congress EXCEEDED its power to regulate interstate commerce.

McCulloch v. Maryland BACKGROUND

Government needed more funding after the way to pay off debts. The creation of the second bank of America was heavily disliked and therefore Maryland began to fine a heavy tax onto the bank. The cashier, McCulloch failed to pay and was fined.

McCulloch v. Maryland HOLDING

Unanimous favor of the Federal Gov’t

McCulloch v. Maryland HOLDING NECESSARY AND PROPER

Congress possessed powers not explicitly outlined in the U.S. Constitution. (Enumerated power)

McCulloch v. Maryland HOLDING SUPREMACY CLAUSE

SCOTUS held that NOW Congress has the power to establish a bank. States CANNOT inhibit the ability of the government to operate that bank.

McCulloch v. Maryland HOLDING 10TH AMENDMENT

They cannot inhibit the federal government from taxing (concurrent power)

McCulloch v. Maryland IMPACT

Power to create National Bank was grounded

Supremacy Clause + Necessary and proper AFFIRMED by the courts

INCREASE in federal / national gov power

Wickard v. Filburn BACKGROUND

The Federal Government created many laws to fix the great depression. This resulted in the national government gaining more power. The AAA (Agricultural Adjustment Act) was then added. This pushed a quota on how much wheat/other resources farmers could grow. As too much wheat would lower the value of it. Filburn was given 11 acres, and he chose to grow more than that. He was fined, and refused to pay it as he claimed this was his own personal stock. He claimed it was unconstitutional for Congress to expand under the COMMERCE CLAUSE (as this had nothing to do with interstate commerce, he’d only sell it intrastate.)

Wickard v. Filburn HOLDING

Production quotas under the AA were constitutionally applied to agricultural production that was consumed purely intrastate because its effect upon interstate commerce placed it within the power of Congress to regulate under the COMMERCE CLAUSE.

Wickard v. Filburn IMPACT

INCREASE in Federal power and DECREASE of power to state governments

Expansive reading of the U.S Constitution under the COMMERCE CLAUSE precedent for decades.

Dual Federalism (Layer Cake)

Separate but EQUALLY powerful state and federal governments

The Federal government should not EXCEED the enumerated powers

The states have FLEXIBLE reserved powers

Programs and authority are CLEARLY divided among the national, state, and local governments

Nullification Theory

States can invalidate FEDERAL LAWS or JUDICIAL DECISIONS that they believe are unconstitutional.

Grants

ECONOMIC AID issued by higher authority out of government revenue (taxes)

• Influences on state leaders to do something in order to get $

Mandates

Requirements by the NATIONAL GOV to the STATES. Can be funded or unfunded (fair labor, medical leave, etc..)

Revenue-Sharing

NATIONAL FUNDING with almost NO RESTRICTIONS to the states on its use (food chains, music streaming)

What is the LEAST used form of funding?

Revenue-Sharing

Cooperative Federalism (Marble Cake)

Programs and authority are MIXED among NATIONAL, STATE, and LOCAL GOVERNMENTS

• Flexible relationship between FEDERAL and STATE governments

Progressive Federalism

Mix of Cooperation and Coercion

• Championed by OBAMA

• The national government still MAINTAINS much of the authority and power

• Sets the STANDARD for states

Fiscal Federalism

Distribution of FUNDING between FEDERAL, STATE, and LOCAL GOVERNMENTS

• Grants, Block Grants, Categorical, Revenue-Sharing, Mandates, Earmarks/Pork-Barrel Spending

Block Grants

$ from a higher authority to lower authority for very BROAD and OPEN-ENDED purposes

Categorical Grants

$ from a higher authority to a lower authority for very SPECIFIC purposes

Project Grants

Provide funding support for SPECIFIC PROJECTS (exhibits, lectures, classes, etc…)

Earmarks / Pork-Barrel Spending

When a congress member includes a clause in a FEDERAL APPROPRIATION BILL that sets aside money/funding for “something” in this Congress member’s district or state.

what is a Federal Appropriation Bill?

Large funding bill passed by Congress (employee salaries, grants, etc…)

Enumerated / Expressed / Exclusive Powers

Those written in the constitution

Enumerated / Expressed / Exclusive Powers example?

Necessary and Proper Clause

Implied Powers

Those not written in the constitution

Implied Powers example?

Necessary and Proper Clause

Reserved / Police

Powers not delegated to the federal gov are reserved to the states, or the people.

Example of Reserved / Police powers

Licenses for drivers, doctors, marriage.

Police Powers

States allowed to regulate activities in the best interest of the state and safety of the people

Inherent Powers

Powers of a state or branch of government that are NOT expressly written in the constitution

Inherent Power example?

Judge to control the proceedings in their court room / President can issue executive orders

Federal Denied powers

Can’t tax exports, pass laws favoring trade of one state over another, or spend money unless authorized to do so by Federal law.

State Denied powers

No treaties, alliances, or confederation. No printing other currency

14th Amendment

The right to protects citizens’ rights and liberties, extends the Bill of Rights to the states

Incorporation Clause

Legal provisions referencing other documents or agreements, which are then considered part of the contract.

10th Amendment

Any power not given to the federal government is reserved for the states or citizens.

Laboratories of Democracy

Engineering creative policy ideas that are tested within the state and SOMETIMES adopted at the federal level

Laboratories of Democracy example?

The 10th Amendment allows for state experimentation.