human rhinovirus American Federalism, 1776 to 1997: Significant Events – About the USA

 
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AP Gov: Chapter 3- Federalism

Test: 9/12/2014

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Federalism
The system of government in which a constitution divides power between a central government and regional governments
Sovereignty
Supreme and independent political authority
The nature of states under the Articles of Confederation
Framers wanted states to have little to no power, but states wanted the same autonomy they had under the Articles.

Framers couldn’t give states the little power that they wanted to give states because up until that point, Americans identified more with their state than with their country.

Expressed Powers
Powers granted to the national government that are listed in Article I of the Constitution
Implied Powers
Powers derived from the necessary and proper clause (Article I, Section 8) of the Constitution. Such powers are not specifically expressed but are implied through the expansive interpretation of delegated powers

These powers must relate to the carrying out of the expressed powers.

Supremacy Clause
The Federal government is supreme over the states as long as the law of the Federal government is Constitutional and the Federal and State laws are in conflict
Reserved Powers
Powers, derived from the Tenth Amendment to the Constitution, that are not specifically delegated to the national government or denied to the states

Powers reserved to the states– source of the states’ and people’s power

States regulate the people
-Coercion: power to develop and enforce criminal codes, administer health and safety rules, and regulate the family via marriage and divorce laws
-Define private property

Eminent Domain
The right of the government to take private property for public use, with reasonable compensation awarded for the property

Shows states’ power to regulate the people

Police Power
The power reserved to the state government to regulate the health, safety, and morals of its citizens

Shows states’ power to regulate the people

Concurrent Powers
The authority possessed by both state and national governments, such as the power to levy taxes, regulate commerce, and affect the currency

Whenever there is a conflict of federal vs state powers because of any concurrent power, the federal government always wins (supremacy clause)

Full Faith and Credit Clause
Requires that each state honor the public arts and judicial decisions that take place in another state (Article IV, Section 1)
Privileges and Immunities
A state cannot discriminate against someone from another state or give its own residents special privileges (Article IV, Section 2)

Extradition

Home Rule
The power delegated by the state to a local unit of government to manage its own affairs

States have a more direct relationship with the people. Therefore, the federal government requires states and cities to carry out federal laws.

Dual-Federalism
(1789-1937)

The system of government in which fundamental governmental powers were shared between the federal and state governments, with the states exercising the most important powers

Strictly followed the constitution

McColluch V Maryland
Reinforced necessary and proper clause: Even though the power to create a national bank was not listed in the Constitution, it falls under this clause.

Reinforced supremacy clause: Taxation itself implies superiority and the desire to destroy. Therefore, states cannot tax the Federal government.

Paved the way for future growth of the national government

Commerce Clause
Federal government regulates interstate commerce; state government regulates intrastate commerce.
Gibbons V Ogden
Establishes commerce clause
NLRB V Jones & Laughlin Steel
Turning point in the commerce clause

Recognized that intrastate activity can effect interstate commerce

Broke down barrier between states and federal government; before, federal government needed to show a direct interference with interstate commerce in order to regulate the states.
-Before, couldn’t regulate factories in the name of fraud because it was not interstate commerce. Therefore, it was up to the states to be the police power.

Cooperative Federalism
(1937-1960s)

A type of federalism existing since the New Deal era, in which grants-in-aid have been used strategically to encourage states and localities (without commanding them) to pursue nationally defined goals

Growth of national power

Regulated Federalism
(1960s-1970s)

The national government mandates the "recipe" to govern the people, and the states are responsible for providing whatever necessary to carry this out.

"social regulation"

Obamacare: National Federation of Independent Business V Sebelius
May not regulate inactivity under the Commerce Clause, even if it affects an interstate market

Passes as a tax– but since it is a penalty for not doing something, it is more of a fine than a tax

Grants-in-aid
A general term for funds given by Congress to state and local governments

A loophole to get states to follow Congress without Congress expressly forcing them to– more power for the central government

Blurs line between federal and state power– how far is too far?

Categorical grants-in-aid
Federal funding to the states for a specific purpose

Gives even more power to central government over the states

Project Grants
Federal funding for state initiated programs where funding is provided on a competitive basis
Formula Grants
Grants-in-aid in which a formula is used to determine the amount of federal funds a state or local government will receive
Unfunded Mandates
National standards or programs imposed on state and local governments by the federal government without accompanying funding or reimbursement. (States do not have enough money to carry out these mandates without extra funds)

URMA: states fighting back because of unfunded mandates; must have a certain level of compensation in order for states to follow in accordance with the federal government
-Wasn’t very effective, but it showed the efforts of states to gain back more control

National Standards
Government sets up standards to which all of the states must live up to

Grant money is withheld unless states conform to "national standards"
-Promotes unity and provides a platform for all states
-Infringing on states’ rights?

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

Supported by Republicans: Nixon, Reagan

States’ Rights
The principle that states should oppose increases in the authority of the national government

This view was most popular before the Civil War; however, it has decreased in popularity since the New Deal (which saw a huge increase in federal power over states). Recently though, there has been a revival for states rights.
-United States V Lopez (struck down federal law that banned guns in school zones)
-Printz V United States (struck down federal law regulating gun sales)

State Sovereign Immunity
A legal doctrine holding that states cannot be sued for violating an act of Congress
Printz v. United States
Anti-commandeering; can’t force state officers to enforce federal laws
United States v. Widsor
Federal can’t undermine state’s policies in an area traditionally regulated by the states
Arizona v. United States
States cannot regulate if it undermines federal policy; almost like opposite of Windsor
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