AP Gov midterm review (Federalism) Flashcards
what is dual federalism?
A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies. (like a layered cake)
what is cooperative federalism
A system of government in which powers and policy assignments are shared between states and the national government (like a marbled cake)
what type of federalism does the US have
cooperative federalism; fiscal federalism
What is the importance of the 10th amendment?
The Tenth Amendment says that the Federal Government only has those powers delegated in the Constitution. If it isn’t listed, it belongs to the states or to the people.
supremacy clause
The Supremacy Clause of the Constitution of the United States establishes that the Constitution, federal laws made under it, and treaties made under its authority, constitute the “supreme Law of the Land”, and thus take priority over any conflicting state laws. this also means the federal government is supreme over the states
what are enumerated powers?
enumerated powers are those things that the Constitution explicitly says Congress can do
what are the enumerated powers?
to lay and collect taxes; pay debts and borrow money; regulate commerce; coin money; establish post offices; protect patents and copyrights; establish lower courts; declare war; and raise and support an Army and Navy.
what are reserve powers?
All powers not specifically delegated by the Federal government are to be reserved or saved for the state governments.
what is the elastic clause?
this clause gives the government the power to create laws necessary and proper for carrying out the enumerated list of powers.
what is the elastic clause also known as?
the necessary and proper clause
what is fiscal federalism?
The pattern of spending, taxing, and providing grants to influence state and local governments.
categorical grants
These are grants that are given with strings attached and are to be used for a specific purpose
block grants
these are grants that are given and can be used for a range of things (the more preferred type of grant)
what was the Mcullcoch v. Maryland
supreme court case
the court decided that the Federal Government had the right and power to set up a Federal bank and that states did not have the power to tax the Federal Government.
importance of Mcullcoch v. Maryland
The case established, once and for all, that when state and federal laws are in conflict, the federal law always wins.
what was the United States v. Lopez
supreme court case
This case started because a kid (Lopez) brought an unloaded gun to school to sell to his friend and admitted it leaving him being charged with violating the gun-free zone act but his lawyers challenged the constitutionality of the act itself because it was created due to the commerce clause and the Supreme Court ruled that Congress had exceeded its constitutional authority under the Commerce Clause when it passed a law prohibiting gun possession in local school zones.
what is the importance of the United States v. Lopez
it marked the first time in half a century that the Court held Congress had overstepped its power under the Commerce Clause.
what was the Obergefell v. Hodges
supreme court case
This case started because two guys who lived in Ohio couldn’t get married there so they got married in another state that would allow it and when his partner died Ohio wouldn’t recognize him as his surviving spouse. Obergefell and 13 others argued that this violated their 14th amendment so as result it ended up that states must allow and recognize same-sex marriage and recognize all marriages that were lawfully performed out of state under the Due Process and Equal Protection Clauses of the Fourteenth Amendment
what is the importance of Obergefell v. Hodges?
all same-sex couples are guaranteed the right to marry, which extended legal marriage recognition to same-sex couples throughout the United States
what was the Gibbons v. Ogden supreme court case?
this case started because Ogden had a license to navigate from New York to the New Jersey coast but found himself in competition with Thomas Gibbons who had been permitted to use waterways by the federal government. In this case, Chief Justice John Marshall’s Court ruled that Congress had power to regulate commerce and that federal law takes procedure over state laws. Meaning Gibbons won
what is the importance of Gibbons v. Ogden?
Court ruled that Congress could regulate interstate commerce given the commerce clause because of Congress’s power over the national economy. Congress can regulate trade and states did not share the authority to regulate interstate commerce because it dealt with the national economy.
