Federalism Flashcards
Unitary
U.K.
Confederacy
Civil war (south) EU
Grants in aid
Focus on state need
Why federal money is attractive to states
Money is there (fed gov can deficit spend, tariffs ect.)
Federal income tax flexibility
Federal govt can print money
Politics and free money (states don’t have to tax citizens)5
How do states attract fed money
Intergovernmental lobby: mayors, governors, superintendents
Categorical grants
Congress liked, states didn’t
Money spent for narrow purpose
Strict conditions
Federal freeway system, Medicare, Medicare, welfare to work 1996, head start, food stamps, “build an airport”
Revenue sharing
Broad equal giving of money to states
Ended in 1896
Every state got equal money
States liked it, congress didn’t
Block grants
Combined categorical grants
Fairly specific
Large sums of money
Local law enforcement, education (NCLB and race to the top), unemployment, community development
Hamilton’s Federalists
National bank
Fed power
Dual federalism
Federal power is limited, states and fed gov are sovereign within their spheres
Progressive error
TR, Taft, Wilson
Fed power
Civil war
Lincoln suspends habeus corpus
Fed power
Marshall’s Supreme Court
Fed power
War on poverty and great society
Fed power
LBJ 1960s
Medicare, housing, urban development
Affordable care act
Fed power
Obama
John c Calhoun
Nullification
State power
Virginia and Kentucky resolutions
States have judicial review
State power
Andrew Jackson
Force Act
Calhoun
Nixon’s new federalism
Return to state autonomy/sovereignty
Gave states power to overcome some LBJ great society programs
Revenue sharing
Reagan and HW Bush
Gov doesn’t solve problems govnis the problem – Reagan
Decreased categorical grants
Decreased money from fed to state
State and local govs increased taxes as result
New deal
FDR 1930-40
Social security
Fed power
Bill Clinton
1996 welfare reform act
State power
George w bush
NCLB
Major tax cut
Patriot act
Fed power
Marburg v Madison
Fed gov has the power of judicial review
Supremacy clause
17th amendment
Allowed direct election of senators
14th amendment
1868
Selectively incorporated us bill of rights with state bills
McCulloch v Maryland
Power to tax is the power to kill
States cannot tax national bank
Elastic clause gives congress implied powers
Fletcher v peck
Declared state law unconstitutional
Supremacy clause
Gibbons v Ogden
National gov controls interstate trade
Commerce Clause
National labor relations board v jones and Laughlin steel
Declared NLR unconstitutional expanding national gov power over interstate commerce
Commerce clause
Heart of Atlanta motel v US
Congress can use commerce clause to fight discrimination
US v Lopez
Congress exceeded commerce clause by prohibiting guns in schools
Federal mandates
Regulations with no money attached
Civil rights act 1964, voting rights act 1965, Americans with disabilities act, Medicaid, NCLB, clean air act
Unfounded mandate reform act 1995
Forced fed gov to fund future mandates
Not really followed
Clinton