Chapter 3 Notes Flashcards
Three types of systems that apportion governmental power
- Unitary
- Confederacy
- Federal system
National government is sovereign
Unitary
States are sovereign
Confederacy
National government and states share power
Federal system
Single centered, admin units
Unitary
Units “collaborate”
Confederal
What is sovereignty?
The right to rule
Shared sovereignty
Federalism
Dual federalism original recipe?
AKA?
NATIONAL
STATE
LOCAL
- Layer cake federalism
What is the argument for federalism?
- Authority divided into 2 levels:
- Protects:
- Moderates government power by:
- Strengthens the:
- Promotes more:
- National and state
- Protects liberty
- Moderates government power by sharing
- Strengths the union
- Promotes more responsive government
Limits government by stating specific powers in the Constitution
Grants of power
Limits government by stating specific prohibitions in the Constitution
- Proposal of amendments
Denials of power
Wanted “We the states” not “We the People”. Anti-federalist
Patrick Henry
The powers of the national government are in ? and ?
Enumerated powers
and
Implied powers
- Seventeen powers, including measures for secure defense and stable commerce
- Supremacy clause
Enumerated powers
- Necessary and proper= elastic clause: makes laws in support of enumerated powers
Implied powers
The tenth amendment established what?
Reserved powers
Powers not delegated to the national government are reserved for the states
Reserved powers
Using the power of money to “coerce” cooperation. Federal funds for state programs.
Fiscal federalism
Whats the golden rule?
Those that have the gold, rule.
- States and national cooperate
- Shared policy responsibilities
- Achieve mutually desired goals
Cooperative federalism
Examples of cooperative federalism
- land grant colleges
- medicare/medicaid
Precise separation of national and state authority is both possible and desirable
Dual federalism
The ___ amendment interpreted to give states much discretion
14th
Supreme Court limited national power to regulate business and industry
Judicial protection of business
What is an example of dual federalism? How?
National Guard. Traditionally held under state control. Funding goes through federal to state. Have the option to switch line of authority to federal.
Switching time that saved 9 under
FDR
2 purposes of federal grants?
Money
- Give local/state needed $$$
Politics
- Allow for needed local services
Government revenues and intergovernmental relations:
- fiscal federalism
- grants in aid
- categorical grants
- block grants
Contemporary federalism
Federal funds used for state programs
Fiscal federalism
Cash payments to state and local identities
Grants-in-aid
Federal funds restricted to certain state programs
Categorical grants
Federal funds for state programs addressed to a general concern
Block grants
The idea that American federalism can be strengthened by a partial shift of power from national government to states
Devolution
Devolution:
- Belief held more strongly by ___ than ____
- Dramatically increased with what in 1994?
- By Republicans than Democrats
- Republican Revolution of 1994
Who has advanced devolution? When did the movement end?
Supreme Court
Presidency of George W Bush
-education and security policy
What is THE BIG LIE
” Im from the government and I’m here to help you”
Roosevelt’s “New Deal” provided for what?
Jobs during the Great Depression
Lyndon Johnson’s “Great society” provided for what?
Increased social services in 1960s
Republican Revolution provided for what?
Rolled back federal authority in 1990s
Who wrote the West Wing and A Few Good Men?
Aaron Sorkin
Who wanted a Confederacy over a Constitutional Republic?
Patrick Henry
What were the 4 major goals of the framers of the Constitution?
- To establish a government strong enough to meet the nation’s needs
- To establish a government that would not threaten the existence of the states– an objective sought through federalism
- To establish a government that would not threaten liberty.
- To establish a government based on popular sovereignty
What happens with the Supremacy Clause?
The National government always wins over the state govts
Background on Marbury v. Madison (general idea, don’t have to give exact details)
The case began on March 2, 1801, when an obscure Federalist, William Marbury, was designated as a justice of the peace in the District of Columbia. Marbury and several others were appointed to government posts created by Congress in the last days of John Adams’s presidency, but these last-minute appointments were never fully finalized. The disgruntled appointees invoked an act of Congress and sued for their jobs in the Supreme Court.
When did Marbury v. Madison happen?
1803
Result of Marbury v. Madison
Struck down a law in 1789 that gave Congress a power against the intent against the Constitution
Marbury v. Madison did what?
Set the precedent for judicial review
Courts determine if governmental institution is acting within its constitutional powers
Judicial review
In the Pre-Civil war era, what was the main question/dispute?
Federal authority or state authority?
Pre Civil-War Era:
Which case argued for the nationalist view?
The state’s rights view?
Nationalist: McCulloch v. Maryland
State’s Rights: Dred Scott decision
Clear ruling in favor of national power and the supremacy clause
McCulloch v. Maryland
Ruling for states rights in conflict over legality of slavery
Dred Scott decision
Background of McCulloch v. Maryland
In 1816, Congress chartered The Second Bank of the United States. In 1818, the state of Maryland passed legislation to impose taxes on the bank. James W. McCulloch, the cashier of the Baltimore branch of the bank, refused to pay the tax.
When did McCulloch v. Maryland happen?
1819
Result of McCulloch v. Maryland?
Increased national authority by affirming the National govt’s authority to establish a national bank
Background on Gibbons v. Ogden?
A New York state law gave to individuals the exclusive right to operate steamboats on waters within state jurisdiction. Laws like this one were duplicated elsewhere which led to friction as some states would require foreign (out-of-state) boats to pay substantial fees for navigation privileges. In this case Thomas Gibbons – a steamboat owner who did business between New York and New Jersey under a federal coastal license – challenged the monopoly license granted by New York to Aaron Ogden. New York courts consistently upheld the state monopoly.
When did Gibbons v. Odgen happen?
1824
Result of Gibbons v. Odgen?
Ruled that Congress had the authority to regulate commerce (between and in the states) through the commerce clause. State laws were UNconstitutional.
A major effect of Gibbons v. Odgen?
Supreme Court reviewed laws put on the books by STATE legislature. State laws could be declared null and void if they conflict with Constitution.
When did the issue with the Dred Scott decision really start?
1820 with the Missouri Compromise (provisions that outlawed slavery in northern states, set the state for the Civil War and the election of President Lincoln)
When did the Dred Scott decision happen?
1857
Background on the Dred Scott decision?
Dred Scott was a slave in Missouri. From 1833 to 1843, he resided in Illinois (a free state) and in an area of the Louisiana Territory, where slavery was forbidden by the Missouri Compromise of 1820. After returning to Missouri, Scott sued unsuccessfully in the Missouri courts for his freedom, claiming that his residence in free territory made him a free man. Scott then brought a new suit in federal court. Scott’s master maintained that no pure-blooded Negro of African descent and the descendant of slaves could be a citizen in the sense of Article III of the Constitution.
Result of the Dred Scott decision?
Decreased national authority because the Supreme Court ruled that the national government didn’t have the authority to govern property law (ruled that slaves were property)
Background of Plessy v. Ferguson?
The state of Louisiana enacted a law that required separate railway cars for blacks and whites. In 1892, Homer Adolph Plessy–who was seven-eighths Caucasian–took a seat in a “whites only” car of a Louisiana train. He refused to move to the car reserved for blacks and was arrested.
When did Plessy v. Ferguson happen?
1896
Result of Plessy v. Ferguson
States could provide “separate but equal”. Supreme Court said Louisiana’s law is ok. Decreased national authority.
Background on Hammer v. Dagenhart
The Keating-Owen Child Labor Act prohibited the interstate shipment of goods produced by child labor. Reuben Dagenhart’s father had sued on behalf of his freedom to allow his fourteen year old son to work in a textile mill.
When did Hammer v. Dagenhart happen?
1918
Result of Hammer v. Dagenhart?
Decreased national authority. Supreme Court ruled that the federal government does not have the authority to regulate business (state’s responsibility).
How is Hammer V. Dagenhart ironic?
Because in 1905, Court ruled that state’s could not regulate business because it was protected by property rights granted in Bill of Rights
What was the “court packing proposition”?
FDR wanted to use federal government to rectify problems. “The switch in time that saved nine” resulted in switch on Court that sided with FDR
Background on Brown v. Board of Education?
Black children were denied admission to public schools attended by white children under laws requiring or permitting segregation according to the races. The white and black schools approached equality in terms of buildings, curricula, qualifications, and teacher salaries. This case was decided together with Briggs v. Elliott, Davis v. County School Board of Prince Edward County, and Gebhart v. Belton. (A separate but related case – Bolling v. Sharpe – presented the same issue in the context of the District of Columbia, which is not subject to the provisions of the Fourteenth Amendment because the District is not a state.)
When did Brown v. Board of Education happen?
1954
Result of Brown v. Board of Education?
Increased national authority. Supreme Court ruled that the “separate but equal” law doesn’t work under the 14th amendment. UNCONSTITUTIONAL
When did the Miranda case happen?
1967
Result of Miranda case?
Increased national authority. They have to say their rights. The Supreme Court used the Constitution to trump state laws, which increased national authority.
Result of Printz v. United States?
What year?
Struck down a federal law requiring background checks on the sale of handguns.
1997
What was the result of United States v. Lopez?
What year?
Struck down a federal law banning guns within 1,000 feet of schools.
1995
What does Printz v. US and US v. Lopez show?
The federal government doesn’t have the right to regulate guns because of second amendment
