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