Unit 2: Federalism Flashcards
Gibbons v. Ogden (1824)
very broad definition of commerce - pretty much any form of commercial activity
McCulloch v. Maryland (1819)
States may not tax a property est. national institution(like the national bank bc of Supremacy Clause)
marshall says if the state had the power to tax the fed gov, than states would have the power to destroy it
Dual Federalism
Past: layer cake federalism
- programs and authority are clearly divided among the national, state, and local gov
what types of grants do states love most
revnue(FEWEST strings)
what is federalism
Separation of State and Federal governments.
How do cities fit into our federal form of government?
Cities only exist because States allow them to. States have certain powers and sovereignty. Cities/towns/counties don’t have sovereignty in the Country(not in the U.S. Constitution - maybe in the State constitution)
where does the fed government get their powers
delegated to it by the Constitution (and inherent powers over foreign affairs)– ENUMERATED POWER(LIMITED GOV)
whose law are supreme, state or fed
fed, limited fed gov but where it does have power it’s Supreme
what powers are restricted to both state and fed gov
violating Bill of Rights, ex post facto, habeas corpus
advantages of federalism
- Checks the growth of tyranny: it is unlikely that one party/faction/or interest group will take control of all levels of government across the country.
- Allows unity without uniformity.
- Encourages experimentation: states can act as “laboratories of democracy.” Negative effects can be contained and positive outcomes can be replicated.
- Provides training and created opportunities for future national leaders:
- Keeps the government closer to the people: Americans have many opportunities to participate in decision-making and many entry points to try to influence public policy.
disadvantages of federalism
- Dividing power makes it much more difficult for the government to respond quickly to national problems: difficult to coordinate efforts with 50 state governments.
- Makes it difficult for voters to hold their elected officials accountable: who to praise? Who to blame?
- Lack of uniformity can lead to conflict (legalization policies in some states)
- Variations in policies creates redundancies and inefficiencies: Licensing professionals, environmental regulations, recent immigration laws.
- Programs, resources, and benefits can vary widely from state to state.
what did the civil war change about our outlook on who is too powerful
civil war — changed from the Founding thinking that fed gov is too powerful TO states infringing on people’s civil liberties/rights
what amendment recognizes the shift that states can be too powerful
14th amendment (“no STATE shall make or enforce any law which shall abridge the privileges or immunities of citizens of the US nor shall any STATE deprive any person of life, LIBERTY, or property, without due process of law)
Selective Incorporation
The process that passes most of our rights in the BOR through the Due Process Clause of the 14th amendment to the states
(Now states can’t violates riots in the BOR – starts in 1925 with speech and happens over time, right by right)
16th Amendment
gives the gov money aka power
17th Amendment
direct election of Senators INSTEAD of State legislatures(aka states lost their DIRECT REPRESENTATION IN CONGRESS)
what did the
Great Depression/New Deal change in terms of federalism
- gave fed gov lot more power in face of crisis
- SHIFT TO COOPERATIVE FEDERALISM
- courts VASTLY expanded the fed gov power under the commerce clause
cooperative federalism
MARBLE CAKE – some things decided at local, state, and national levels
programs and authority are mixed among the national, state, and local gov
fiscal federalism
the fed gov using POWER OF MONEY to have authority in places they normally would not
types of grants
- categorical
- block
- revenue sharing(still a grant cuz fed gov is giving money)
categorical grants
- lots of strings attached
- generally includes most entitlements( if you meet the qualifications, you automatically receive the benefit)
- example: social security, medicare(elderly) and medicaid(disabled, impoverished), unemployment/welfare benefits
- federal funded, state administered
- specific programs
types of categorical
formula and project grants
categorical: formula grants
- offered under a payment formula specified in either legislation or admin regulations
- states don’t have to accept the formula grant funds but if they do, they must comply w fed standards
- ex: medicaid, child nutrition(amount of help u get is based on ur income)
categorical: project grants
- provided by specific projects and awarded on the basis of APPLICATION
- scientific research and development efforts, various college programs
block grants
- provided by fed gov to support general programs administered on the state level
- gives gen guidelines so more state leeway than categorical grants on how to spend money
- FEWER strings attached
revenue sharing
- fed gov j shares its revenue
- STATES LOVE but not used nearly as much as Categorical/Block grants
- FEWEST strings attached
order of grants from MOST strings to LEAST strings attached
CBR (cant beat rona)
Federal Mandates
- fed gov says the states HAVE to do something
- has to be connected to an ENUMERATED POWER
(grants don’t have to be connected)
unfunded mandates
fed gov tells them to do something but gives no money for it(states DO NOT like)—- ex: ada(didn’t give money for ramps)
US v Lopez
He was charged with violating a federal criminal statute, the Gun-Free School Zones Act of 1990. The act forbids “any individual knowingly to possess a firearm at a place that [he] knows…is a school zone
Part of the devolution revolution(first time since basically the new deal that Congress pulls back fed power, saying that they’re exceeding their powers under the Commerce Clause).
They said it was unconstitutional because bringing a gun to school is not an economic activity. It could be a criminal activity AND if it is, then that would fall under state authority because they have police power.
Shrinks power of fed gov (first case since the great depression/green deal to cut back on gov power)
preemption
- national gov overrides a state/local action in certain areas
- grounded in Supremacy Clause
- fed gov usually sets a floor(states can be more strict, but not less)
brady bill
forces state officials to do fed actions
