Chapter 10 Section 2 pg. 183-188 Flashcards
Describe dual federalism
> Founders desired that powers of national government be exercised independently of states and vice versa
“each government is independent and exercises its power without assistance of other governments
Describe Doctrine of Nullification
> belief that states could ignore a law if they deemed it unconstitutional
its adherents believed they could nullify laws that they considered unconstitutional
describe conflict between states and federal government
> culminated in Civil War
advocating states’ rights lost war, and national government exercised power to keep Union together
nation spent rest of 19th century trying to recover from Civil War
during this, regulation of commerce by Congress became major federal issue
Describe Gibbons v. Ogden case
> 1st important case dealing with power of Congress to influence commerce actually occurred before Civil War
In 1808, Robert Fulton, pioneer in steamboat transportation, and Robert Livingstone obtained New York state legislature exclusive rights to steamboat navigation in state
Fulton and Livingston leased to Aaron Ogden exclusive rights to steamboat navigation across Hudson River between New York and New Jersey
trouble started when Thomas Gibbons began to compete with Ogden under license granted to Gibbons by Congress
Ogden filed suit and New York courts ordered Gibbons to discontinue operations, but Gibbons appealed to Supreme Court
Gibbons claimed that New York violated Congress’s expressed power to regulate interstate commerce
Supreme Court under Chief Justice John Marshall ruled in favor of Gibbons
broadly defined commerce to include not only transportation of goods but also means of transportation
decision gave even broader interpretations to power of Congress to regulate commerce
Describe 16th Amendment in terms of cooperative federalism
> rise of national government to prominence above states was made possible in part by institution of federal income tax
adopted in 1913, providing for federal government to tax personal incomes
prior to 1913, Constitution forbade Congress to place direct tax on people
Describe how national hardships gave rise to cooperative federalism
> 16th amendment gave Congress convenient source of funding for national emergencies such as Great Depression and World War II
instituting system of cooperative federalism, central government began to work with states to alleviate economic woes which resulted from Depression and World War II
Describe federal grants
> federal grants - monies national government gives to states or local governments for some designated purpose
describe coercive federalism
> prior to 1960s, Congress always granted money on basis of whether or not states wanted it
by 1960s, Congress issued more penalties than incentives to force states to implement federal programs
thus, system of coercive federalism evolved
Describe 14th Amendment and “Due Process”
> one way Supreme Court has coerced states into submission through its interpretation of Constitution, especially 14th Amendment and its “Due Process and Clause”
says that state cannot “deprive any person of life, liberty, or property, without due process of law”
Describe Brown v. Board of Education
> changed how Supreme Court declared state law unconstitutional to Court telling states what they must do
Courts began compelling states to desegregate their public schools
court orders commonly issued regarding state prisons, dictating guidelines for prison population, construction, and administration
Describe Garcia v. San Antonio Metropolitan Authority
> court case gave Congress almost unlimited reign over states
ruled that Congress could make state governments comply with same minimum wage and maximum-hour legislation as was required for federal employees by Fair Labor Standards Act (FLSA)
Describe preemptions
> preemption occurs when federal law supersedes or overrides similar state law
example: enforcement of Water Quality Act of 1965 (1st statute to establish national policy on pollution control)
Describe federal grants
> another way Congress checks authority of states through federal grant program
block grants - general purpose grants that allow states to have more jurisdiction in how to use funds
categorical grants - grants that are for more specific purpose giving Congress more control over states
in both block and categorical grants, money granted to states is accompanied by rules that govern use of that money (these rules called mandates or conditions of aid)
Describe “Motor Voter Law”
> one recent example of controversial case regarding unfunded mandates
required that voting registration be available everywhere there was state department of motor vehicles
Describe Unfunded Mandates Reform Act
> stated that Congress would have to conduct studies to determine cost of mandates on states
