AP Gov
Vocab
1) Federalism — Division of power between the national government and state governments.
2) Unitary government — A system in which the central/national government holds most governing power.
3) Confederation — An alliance in which states retain most power and the central government is weak.
4) Supremacy Clause — Federal law and the Constitution are supreme over conflicting state laws. If an Ohio constitutional provision conflicts with valid federal law, the federal law controls.
5) 10th Amendment / reserved powers — Powers not delegated to the national government are reserved to the states or the people.
6) Enumerated powers (and unenumerated powers) — Enumerated powers are specifically listed in the Constitution. Unenumerated powers are not expressly listed but can be recognized through constitutional principles such as implied powers.
7) Implied powers — Powers not expressly stated but reasonably inferred from the enumerated powers.
8) Concurrent powers — Powers exercised by both the national and state governments, such as taxing, borrowing, and establishing courts.
9) Necessary and Proper Clause / Elastic Clause — Allows Congress to make laws necessary and proper to carry out its enumerated powers.
10) The Commerce Clause — Gives Congress power to regulate commerce among the states, with foreign nations, and with Native American tribes.
11) Devolution — The transfer of some responsibilities and powers from the national government to state governments.
12) Fiscal federalism — The use of federal taxing and spending to influence state and local policies.
13) Categorical grants — Federal funds that must be used for a specific purpose and usually include conditions.
14) Block grants — Federal funds provided for a broad purpose, giving states more flexibility in how to use them.
15) Revenue sharing — A system in which the federal government distributes tax revenue to state and local governments with few restrictions.
16) The Mandate Blues — The conflict created when federal mandates require states to meet standards; unfunded mandates can require states to spend their own money to comply.
Federalist No. 39 (Foundational Document) — Argues that the Constitution creates a government that is partly national and partly federal: national because some powers operate directly on individuals, and federal because the states retain important powers and participate in the system.
Supreme Court Cases
Marbury v. Madison — Established judicial review: the Supreme Court can declare acts of Congress or the executive unconstitutional.
McCulloch v. Maryland — Established broad implied powers under the Necessary and Proper Clause and held that states cannot interfere with valid federal actions.
Necessary & Proper Clause: Congress could create the national bank as a reasonable means of carrying out its enumerated powers.
Supremacy Clause: Maryland could not tax the national bank because valid federal law is supreme over conflicting state action.
Gibbons v. Ogden — Held that Congress has broad power to regulate interstate commerce; federal law prevailed over a conflicting state steamboat monopoly.
United States v. Lopez — Limited Commerce Clause power: possessing a gun in a school zone was not sufficiently connected to interstate commerce.
Youngstown Sheet & Tube Co. v. Sawyer — Limited presidential power: President Truman could not seize steel mills without congressional or constitutional authority, illustrating separation of powers.
Clinton v. City of New York — The line-item veto was unconstitutional because the president cannot cancel parts of laws after Congress has passed them; this violated separation of powers and the Presentment Clause.
Study Guide
1) Illustrate how the following concepts of the Constitution establish key elements of federalism. (see pg. 67-68)
-Full Faith and Credit Clause: Requires states to recognize the public acts, records, and judicial proceedings of other states.
-Extradition: Requires a state to return a person accused of a crime to the state where the person is charged, when properly requested.
-Privileges and Immunities Clause: Prevents states from discriminating against citizens of other states regarding fundamental rights and economic opportunities.
Learning Objective List
I can...
1) Detail how the balance between federal power and devolution work to develop our system of federalism.
Federalism balances national and state authority. Federal power can expand through constitutional powers, court interpretation, grants, and mandates, while devolution can shift responsibilities back to states.
2) Dissect the Court's use of two constitutional principles in McCulloch v. Maryland, and the implications of that court interpretation.
McCulloch used the Necessary and Proper Clause to uphold implied federal powers and the Supremacy Clause to prevent Maryland from taxing the national bank. This strengthened national power over conflicting state action.
3) Outline how the use of federal grants impacts our system of federalism.
Federal grants use federal spending to influence state policy. Categorical grants have specific conditions, while block grants give states more flexibility. Grants can increase federal influence over state governments.
4) Describe the Constitution’s principle of a separation of powers through the lens of Youngstown v. Sawyer.
5) Describe the evolution of Congress’s use of the Commerce Clause.
Congress's Commerce Clause power expanded broadly, especially in Gibbons v. Ogden and Wickard v. Filburn, but United States v. Lopez placed a limit by requiring a substantial connection to interstate commerce.
Enduring Understanding List
1) Federalism reflects the dynamic distribution of power between national and state governments.
Federalism vs. separation of powers — Federalism divides power geographically between national and state governments. Separation of powers divides national power among the legislative, executive, and judicial branches.
McCulloch connection — Necessary and Proper Clause → implied powers; Supremacy Clause → federal government prevails over conflicting state action.
Commerce Clause progression — Gibbons expanded congressional authority over interstate commerce; Wickard allowed regulation of intrastate economic activity with a substantial aggregate effect; Lopez placed a limit on Congress's Commerce Clause authority.
Federal grants — Categorical grants are more restrictive; block grants provide more flexibility. Both are examples of fiscal federalism.
Youngstown connection — Presidential power must remain within constitutional and statutory limits, reinforcing separation of powers and checks and balances.