Federalism Flashcards
federalism
powers are shared between the state and federal government
bill of rights
compromise between the federalists and anti federalists
circuit court decisions
controls multiple states, decisions get made multiple states at once
circuit court conflict
many circuit courts make the same decision, and if one makes an opposing ruling, the supreme court gets involved
where is federalism mentioned in the constitution?
supremacy clause (article 6)
enumerated powers (article 1, section 8)
necessary and proper clause
reserve powers (10th amendment)
dual federalism
states have specific powers, and the federal government has specific powers, and the federal government cannot stretch too much past the enumerated powers
cooperative federalism
the federal government and the state government share some powers, and the federal government has a lot of stretch via the necessary and proper clause
mccullough v. maryland
what did it do?
cooperative or dual federalism?
said that it was constitutional for the federal government to establish a national bank and said that the state could not overly tax it. example of cooperative federalism
champion v ames (1903)
what did it do?
cooperative or dual federalism?
congress passes a law that makes it illegal to take lottery tickets across state lines, argued that it was an exercise of police powers, and congress didn’t have the authority to do it. supreme court ruled that congress what just helping states, cooperative federalism
lochner v. NY (1905)
bakers wanted to work less, state gov. made a labor law, bakery owners went to the supreme court and said that it infringed on the freedom of contract, supreme court ruled that no one should be able to regulate labor laws, dual federalism
hammer v. dagenhart (1918)
congress passed a welfare act saying that goods made with child labor can’t be sold across states, guy argued it was an unjust use of police power, supreme court strikes down the welfare act, saying interstate commerce doesn’t stretch that far, dual federalism
the new deal
fdr went public with an idea that they would add 1 supreme court justice for every justice over 70, switch in time that saved 9, one justice switched to cooperative federalism, so far didn’t have to pack the court
katzenback v. mcclung
ollie said that desegregation was an overreach, supreme court ruled that it was in face interstate commerce and the federal government did have the power, dual federalism
nationalization
new deal and great society programs
preemption
federal laws that provide for the nations governments authority to control particular types of public policy
carrots and sticks
aka bribes and punishments
carrots
grants in aid, categorical grants, block grants, revenue sharing: basically money
sticks
punishments: unfunded mandates, direct orders
carrots and sticks combined
cross-cutting requirements, crossover sanctions
devolution
shifting political power from the national level back to the states
US v. Lopez
federal gov passes the gun free schools act, scotus ruled that the supreme court couldn’t do that, first time the supreme court pushed back against congress since the new deal
sovereignty
independent political authority, federalist system also allows geographically concentrated groups to wield more power than they can in a central system
eminent domain
the right of the government to take private property for public use, with reasonable compensation provided to the owner
concurrent powers
authorities possessed by both the state and national governments, such as the power to levy taxes, establish banks, etc.
full faith and credit clause
provision in article IV, section I of the constitution that requires each state to honor the governmental actions and judicial decisions that take place in another state
comity clause
found in article IV, section II, prohibits states from enacting laws that treat the citizens of other states in a discriminatory manner, also regulates criminal justice among the states by requiring states to return fugitives
home rule
a guarantee of noninterference in various areas of local affairs
commerce clause
found in article I section VIII, gives congress the power to regulate commerce with foreign nations, and among the states and native tribes
grants-in-aid
funds given by congress to state and local governments on the condition that they can be used for a specific purpose
categorical grants of aid
funds given to states and localities by congress that are earmarked by law for specific policy categories, such a education or crime prevention
project grants
grants-in-aid for which state and local governments submit proposals to federal agencies, which provide funding for them on a competitive basis
formula grants
grants-in-aid for which a formula is used to determine the amount of federal funds a state or local government will recieve
regulated federalism
a form of federalism in which congress imposed legislation on state and local governments that requires them to meet national standards
unfunded mandates
national standards or programs imposed on state governments by the federal government without accompanying funding or reimbursement
block grants
federal funds given to state governments to pay for goods, services, or programs, with relatively few restrictions on how the funds may be spent
states’ rights
principle that states should oppose the increasing authority of the national government
state sovereign immunity
legal doctrine holding states cannot be sued for violating an act of congress
legislative supremacy
the preeminent position within the National government that the constitution assigns to congress
divided government
condition in American government in which one party controls the presidency, while the opposing party controls one or both houses of congress
executive privilege
claim that confidential communications between a president and close advisers should not be revealed without the presidents consent
