Federalism Flashcards
Federalism
I. Division of powers
II. Supremacy Clause
III. McCullough vs Maryland
Rationale
- Further divides power
- allows for regional differences
- allows for state experimentation (Romney-Care to Obama-Care) Marijuana legalization laws
Example of regional differences
American regional accents
Division of powers
For the national government
- delegated powers
- Reserved powers
- Concurrent powers
Enumerated/ Expressed Powers
written in the constitution (can find where a specific power is located)
Implied Powers
suggested by const. (read between lines)
types of Delegated powers
- enumerated/ expressed powers
- implied powers
- inherent powers
inherent powers
necessary for any national gov (regulating borders)
reserved powers
for the state government
Concurrent powers
overlapping powers (belong to federal and states)
powers of federal government only
- coin money
- regulate commerce (federal gov can tax business across states)
- raise a military
- declare war
- fix weights and measures (metric system)
- Grant copyright and patents
- make treaties (states making treaties with each other)
- make laws which are necessary and proper
- regulate immigration
- regulate territory
powers of both federal and state government (concurrent)
- Lay and collect taxes
- Borrow money
- Establish courts
- Define crimes
- Establish a police force
- Protect borders
powers of state government only
- Set marriage laws
- Issue licenses
- Establish schools
- Enact land use laws
- Regulate utilities
- Protect and promote health, morals, safety, and welfare
- Any powers not granted to the national government
Supremacy Clause
Article VI Section 2
- if there is a conflict between powers or laws, the US Const. is the “supreme law of the land”
- Significance: national laws outweigh state laws
flow chart of laws
City and country law-> State statues (laws) -> State Constitutions -> Acts of Congress -> United States Constitution
- If there is a conflict between a lower law and a higher law, the higher law wins
McCullough VS Maryland
1819
- unanimous decision (9-0)
- congress created the 2nd US bank, states didn’t like this because banking is a local thing
- fear of federal bank ovethrowing all other banks
- Maryland put a fine on the bank
- McCullough sued the state of Maryland, Maryland said that congress was abusing its power by creating a bank
- Court must declare if Acts of Congress are within their Constitutional Powers
= If they are, they reign supreme
= If not, they’re unconstitutional and state law overrules
= reinforced supremacy clause
= strengthened implied powers
Dual federalism
gov power was divided between states and national government
- 1789-1930’s
not many interaction between states and federal gov
block grants
gov gives states money to build infrastructure (ex: roads)
- allows states to decide what to do with the money they are given
- Money for broadly defined purposes ex: healthcare or welfare
regulated federalism
gov sets up rules for states to follow,
unfunded mandate
states must follow laws, without the gov giving them money
how has federalism changed over history
in 1780’s they were very divided and didn’t do much (went to war, delivered money, made sure states got along)
- great depression: states were falling apart and needed help
- No longer had separation, money was given to states to give to citizens, build jobs, ect
cooperative federalism
1930’s- present
many interactions between national government and state government
marble cake federalism
is based on a pragmatic mixing of authority of programs between national and state and local government
layer cake federalism
based on a clear delineation of authority and programs among the levels of government
types of grants
categorical
block
categorical grants
federal money with “strings attached”
project grants
money granted for certain projects ex: building hospitals or infrastructure
new federalism
process of devolution- transferring power back to the states
- started with nixon and reagan, but has faded in recent years
interstate relations
how states relate and get along with one another
full faith and credit clause
states should recognize public acts, records, and judicial proceedings of every other state
- includes laws, birth certificates, driver/ marriage licenses
extradition
fugitives of serious crimes (treason or felonies) should be returned to the state with jurisdiction
privileges and immunities clause
no state can draw unreasonable distinctions between its own residents and people from other states
- must allow citizens to buy, own, rent, marry, etc
devolution
transferring power back to states
block grants
money for broadly defined purposes
