Ch3 Federalism Flashcards
2000 same sex marriage
Vermont recognized civil unions
But weren’t recognized legally in other states
DOMA
1996
Defense of marriage act
Allowed federal government to ignore ssm even if states had allowed it
Prop 8
2009 California law
Taken to Supreme Court and court said person who appealed couldn’t so the case died
States passed ssm
2010-2012 and Vermont did it in 2009
2013 DOMA decision
Ruled unconstitutional
Big federalist decison of our time
State vs state
Full faith and credit
Important aspects of federalism
- decreases growth of tyranny
- unity without uniformity
- encourages experimentation
- training future leaders-presidents were governors
- govt close to people
Downsides to federalism
- tough time dealing with national emergencies (hurricane Katrina)
- accountability-who’s responsibility is who’s
- no uniformity-conflict-supremacy
- redundancy inefficiency
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
Fletcher vs Peck
Supreme Court ruled state law unconstitutional
First time this was done
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
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
Jackson
Liberty=state economy control
Gave a lot of power back to the states
Progressive federalism
Civil war-Great Depression
More national laws and powers
-natl did laws in labor, business, more regulations on commerce, immigration, industry
Cooperative federalism
Marble cake
Great Depression-1961
National and state
New deal
Nullification
A state disregarding a federal law
No longer allowed
Grodzins
Came up with the name marble cake federalism
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
Heart of Atlanta hotel vs us
Motel owner wasn’t renting rooms to blacks
Increase in commerce power
Congress could control private business owners
Permissive federalism
Gave states some power but not too much
New fiscal federalism
Nixon
Impoundment
Used money as a tool/weapon
New regulatory federalism
Reagan
Used regulations to control states
Got rid of revenue sharing