Chapter 3 (Unit 1) Flashcards
Federalism
Power divided between national + state governments
McCulloch v Maryland
State or Fed Power?
Is establishing a fed bank constitutional? Can states tax fed banks?
9 - 0 Decision: McCulloch
Yes, constitutional under Elastic Clause (beneficial to stare economy). States can’t tax fed banks bc Constitution is supreme
Gives power to FED govmnt
U.S. v Lopez
State or Fed Power?
Is Gun Free School Zones Act unconstitutional?
5 - 4: Lopez
Yes, GFSZA is unconstitutional bc mere possession of a gun isn’t Commerce and therefore can’t be controlled by Commerce Clause
Gives power to STATE govmnt
No Child Left Behind
(State or Fed)
Gives states federal funding specifically for education, ONLY if standardized testing implemented
Gives FEDERAL power
Unitary Sys
Central govt has ALL power over subnat’l govts
Confederal Sys
Subnat’l govts have MOST power
- US under AoC
Federal Sys
Pwr divided btwn nat’l + state govt
- each govt lvl = exclusive + denied powers
- Constitution protects against power creep
Enumerated/expressed powers
Pwr explicitly given to nat’l govt thru Constitution
Exclusive powers
(Examples)
Pwr EXPLICITLY given to natl govt
- coin $$
- declare war
- support army
- treaties
- naturalization
- interstate + foreign commerce
Implied powers
(Examples)
Not explicitly given to fed govt in Constitution, BUT considered a necessary law/policy to better carry out/support enumerated powers
- making air force (necessary to support army)
Denied powers
- CANT violate rights (BoR)
- CANT do bills of attainment
- CANT do ex-post facto
- CANT do habeas corpus
- CANT admit new states w/out territory
- CANT impose taxes on goods WITHIN states (intrastate
Concurrent Powers
Given to both State + Fed
- taxing
- borrow $$
- laws, courts
- charter banks + corps
Supremacy Clause
(Article, Sec, Clause)
A number that also starts with S..
Constitution + fed laws = highest law of the land
(Article 6, Clause 2)
Necessary and Proper Clause
(Article, Sec, Clause)
Government can create a law if it’s deemed necessary to carry out an enumerated power
Article 1, Sec 8, Clause 18
Commerce Clause
(Article, Sec, Clause)
regulate commerce with foreign nations and interstate
Article 1, Sec 8, Clause 3
Full Faith + Credit Clause
(Article, Sec, Clause)
Legal documents in one state are valid in all other states (ex: marriage, drivers license, criminal record)
(Article 4)
Extradition
State has to return criminal to state of original crime / trial
(Article 4)
Privilege + Immunities Clause
Can’t discriminate against out-of-state ppl (ex. Taxes)
- doesn’t count for state unis because locals pay taxes for that, so their costs should be lower)
(Article 4)
10th Amendment
Establishes reserved state powers
- elections
- police
- diff govt bodies
- INTRAstate commerce
13th Amendment
Outlaw slavery
14th Amendment
Born in the U.S. = Citizen
Can’t deny:
- due process (treated fair under law)
- equal protection
15th Amendment
Afr Am males = right to vote
Dual Federalism
States + nat’l govt enact public policy INDEPENDENTLY
(layer cake)
Cooperative Federalism
States + nat’l govt enact policy by WORKING TOGETHER
- don’t do the same roles. One supports the other in their role
Selective Incorporation
Liberties in BoR also applied to states on case-by-case basis
- technically in Constitution it says only fed govt can’t infringe on rights… but they clarified that afterward!
fiscal federalism
fed govt uses grants-in-aid to influence state policy
grants-in-aid
fed $$ given to states (2 kinds?)
categorical grants
$$ to state/local/regional govt w/ specific policy + fund-related goals
- specific use instructions
- sometimes awarded on factors
block grants
$$ to state/local/regional govt with broad goals
- small govts can suit the funds to what their communities need
unfunded mandate
states need to require federal requirements without federal funding
revenue sharing
federal gov gives tax $$ to states w/ no strings attached
devolution
Federal power returned to the states
- like evolution… but backwards… as in back to states
- Reagan
Main conflict (which two bodies?)
Fed vs state
