- layer cake - beginning to civil war - natl and state had their own jobs and left each other alone - national government only really did foreign policy and defense

Ch3 Federalism Flashcards by Theresa Cahill

2000 same sex marriage

Vermont recognized civil unions

But weren’t recognized legally in other states

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DOMA

1996
Defense of marriage act
Allowed federal government to ignore ssm even if states had allowed it

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Prop 8

2009 California law

Taken to Supreme Court and court said person who appealed couldn’t so the case died

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States passed ssm

2010-2012 and Vermont did it in 2009

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2013 DOMA decision

Ruled unconstitutional
Big federalist decison of our time
State vs state
Full faith and credit

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Important aspects of federalism

decreases growth of tyranny
unity without uniformity
encourages experimentation
training future leaders-presidents were governors
govt close to people

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Downsides to federalism

tough time dealing with national emergencies (hurricane Katrina)
accountability-who’s responsibility is who’s
no uniformity-conflict-supremacy
redundancy inefficiency

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Dual federalism

layer cake
beginning to civil war
natl and state had their own jobs and left each other alone
national government only really did foreign policy and defense

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Fletcher vs Peck

Supreme Court ruled state law unconstitutional

First time this was done

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Election of 1800

-first two presidents were fans of strong natl govt
-Jefferson was a fan of states having powers
-Jefferson let states do pretty much anything
⭐️small cause of civl war

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Gibbons vs Ogden

1824
-argument over trade in just NY
-Court said that’s Congress’s job to regulate because if the commerce in one state affects commerce in another state it’s interstate
-led to congress having the ability to regulate slavery
⭐️small cause of civil war

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Jackson

Liberty=state economy control

Gave a lot of power back to the states

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Progressive federalism

Civil war-Great Depression
More national laws and powers
-natl did laws in labor, business, more regulations on commerce, immigration, industry

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Cooperative federalism

Marble cake
Great Depression-1961
National and state
New deal

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Nullification

A state disregarding a federal law

No longer allowed

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Grodzins

Came up with the name marble cake federalism

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Creative federalism

1961-1969
JFK/LBJ
Intergovernment actions
-civil rights-conditional “you’ll do this or else”
-crossover sanctions-your performance in this area will affect another area

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Heart of Atlanta hotel vs us

Motel owner wasn’t renting rooms to blacks
Increase in commerce power
Congress could control private business owners

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Permissive federalism

Gave states some power but not too much

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New fiscal federalism

Nixon
Impoundment
Used money as a tool/weapon

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New regulatory federalism

Reagan
Used regulations to control states
Got rid of revenue sharing

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Our federalism

Conservative judges on Supreme Court

10th amendment state>natl

Reinventing federalism

Clinton
Increased efficiency/responsiveness
Welfare reforms-1996
Natl money from welfare-states 
    -saved govt lots of money

New federalism

Bush
Devolution revolution-gave power back to states
Laboratories of democracy
No child left behind

Progressive/cooperative federalism

Obama | Policies left minimum standards

Number of govt units and employees

90000 units and 22 million employees

Constitutional foundations of federalism

- expressed/implied - supremacy - 10th amendment - list of powers denied to both

Inherent powers

Powers that govt just has | Immigration, presidential foreign powers

Constitutional pillars of federalism

- supremacy - war powers - commerce-interstate/foreign - tax spend - mandates

Us vs Lopez

Gun free schools law, congress tried to back up with commerce but court said it wasn't a close enough tie

Types of mandates and examples

Funded Unfunded Americans with disabilities act Unfunded mandate reform act of 1995 -doesn't get rid of them but makes it a lot harder to do

Interstate relations

- full faith and credit - interstate privileges and immunities - interstate compacts - extradition

Extradition

Commit a crime in CA and go to RI you get caught you're sent back to CA for a trial

Courts and federalism in the 1930s-1990s

Fairly liberal period since democratic presidents had appointed much of the court Tended to side with congress during this time

90s to now courts and federalism

More conservative court

Current court is

5-conservatives 4-liberals State focused

Violence against women act

Struck down because national govt intruding into state powers

Centrist v de centrist

Centrist-see const as enabling Decentrist-see const as limiting Big issues-gun control, welfare, education, immigration

Preemption

The actual action of applying supremacy

Types of preemption

Total-fed law replaces state law Partial-optional, natl lays groundwork Mandatory partial-here's the law and you're going to do it (clean air act)

Grants

Money from natl govt handed off to states

Reasons for grants

- revenue for states - minimum standards - equalize resources - deal with natl problems without govt

Categorical grants

``` Narrowly defined Specific Big Govt lays out parameters Many strings attached ```

Formula grants

Type of categorical | Uses a formula to determine aid

Block grants

Not many strings attached | Welfare reforms of 1996

Project grant

Received by smaller organizations Not state wide Similar to block grants Not many strings attached

Government action policy

States provide today and govt provides for tomorrow and vice versa

Republicans

Favor states Less regulations "Laboratories"

Democrats

Federal guidelines | National solutions

Techniques of federal control

Direct orders Cross cutting requirements Crossover sanctions

Cross cutting requirements

Something that's not just in one area but cuts across several facets Ex 1964 civil rights act

Crossover sanctions

Here's your money for one thing and you'll get it after you do this Reagan and drinking age

Increase in federal control

Growth of nation Industrialization Infrastructure Depression and WW II

Once a federal program is created it's hard

To get rid of Sometimes policies are popular with people even though they're dumb policies so when politicians try to remove them they get votes out of office