U.S. Government- Chapter 3

Categorical Grants

-the main source of federal aid to state and local governments. -can be used only for specific purposes, or categories, of state and local spending. -One string commonly attached is a nondiscrimination provision, stating that aid may not be used for purposes that discriminate against minorities, women, or other groups. -Another string, a favorite of labor unions, is that federal funds may not support construction projects that pay below the local union wage. -Other restrictions may require an environmental impact statement for a federally supported construction project or provisions for community involvement in the planning of the project.

Full Faith and Credit Clause

A clause in Article IV of the Constitution requiring each state to recognize the public acts, records, and judicial proceedings of all other states.

Cooperative Federalism

A system of government in which powers and policy assignments are shared between states and the national government.

unitary governments

A way of organizing a nation so that all power resides in the central government. Most national governments today are this type of government.

federalism

A way of organizing a nation so that two or more levels of government have formal authority over the same land and people. It is a system of shared power between units of government.

each level of government.

At last count there were an astonishing 89,527 American governments. The sheer number of governments in the United States is, at times, as much a burden as a boon to democracy. The relationships between governments at the local, state, and national levels often confuse Americans. These confusions stem from the complexities of the relationships. Locally elected school boards run neighborhood schools, but the schools also receive state and national funds, and with those funds come state and national rules and regulations. Local airports, sewage systems, pollution control systems, and police departments also receive a mix of local, state, and national funds, so they operate under a complex web of rules and regulations imposed by ________ _________ _____ _________.

democracy

By handling most disputes over policy at the state and local levels, federalism reduces decision making and conflict at the national level, making ________ more effective. If every issue had to be resolved in Washington, the national government would be overwhelmed.

The Supreme Court found that the Maryland law did unconstitutionally interfere with Congressional powers. Seeing as the Court decided that Congress needed the national bank to perform its constitutional duties, Maryland's attempt to tax the bank was unconstitutional and violated federal supremacy. The Supreme Court found that federal law had supremacy, or authority, over state laws and that states could not interfere with federal powers. Marshall explained the Court's decision as follows: "If the States may tax one instrument, employed by the government in the execution of its powers, they may tax any and every other instrument. They may tax the mail; they may tax the mint; they may tax patent rights; they may tax the papers of the custom-house; they may tax judicial process; they may tax all the means employed by the government, to an excess which would defeat all the ends of government. This was not intended by the American people. They did not design to make their government dependent on the States. . ." Under the Constitution, the Supreme Court argued that a strong central government had more power than the states and that states could not tax one part of the federal government without undermining that power.

Can states tax a national bank?

True.

Congress is also forbidden to tax articles exported from one state to another. True or False?

-After the founding of the United States, one of the first things the new government had to address was the debt the nation had incurred fighting the Revolutionary War. -Secretary of the Treasury Alexander Hamilton came up with a plan to create the Bank of the United States, a national bank, in order to absorb state debts from the war and to create a national currency. -But not everyone agreed that the federal government had the power to create a bank. -One of the bank's most vocal opponents was Thomas Jefferson, who argued that it was not within the federal government's explicit powers to create a national bank and that doing so was an overreach of federal power. -Despite opposition to the bank, Congress passed the first charter of the Bank of the United States in 1791, granting it the power to operate for twenty years. -But when it came time to renew the bank's charter in 1811, the measure was defeated in Congress by one vote. -It would take another five years for Congress to pass the second charter of the Bank of the United States, but in 1816, the national bank was reestablished. -Once again, conflict flared over whether Congress had the power to create a national bank. -The government of Maryland did not want a national bank and did not want a branch in Maryland. -Nevertheless, the branch opened in 1817. -The state of Maryland decided to tax the Baltimore branch of the Bank of the United States in an effort to run it out of business. -The bank's cashier, James W. McCulloch, refused to pay the tax. -In response, the state of Maryland sued him. -Both the state trial court and the state supreme court agreed that McCulloch had to pay the tax. -McCulloch appealed to the US Supreme Court, which heard the case in 1819.

Describe the background of the case Mculloch v. Maryland.

The Supreme Court decided that Congress did have the power to establish a national bank, not as an enumerated, or explicit, power, but as an implied power granted by the Constitution. The Supreme Court found that the Constitution grants Congress the explicit power to levy (or collect) taxes and regulate currency, which means that they need to have a way to do that. So, even though the Constitution does not explicitly say that the federal government can create a national bank, because Congress needs a national bank in order to levy taxes and regulate currency, the court argued that the power to create a national bank was implied. Chief Justice Marshall explained the Court's decision this way: "The government which has a right to do an act, and has imposed on it the duty of performing that act, must, according to the dictates of reason, be allowed to select the means . . . The power of creating a corporation is never used for its own sake, but for the purpose of effecting something else. No sufficient reason is, therefore, perceived, why it may not pass as incidental to those powers which are expressly given, if it be a direct mode of executing them."

Did Congress have the authority to establish the bank under the Constitution?

No Child Left Behind Act

Established standards of performance along with sanctions, including loss of federal aid, for failing to meet the standards.

McCulloch v. Maryland has had two significant effects on what federalism means for the United States. Federalism is the institutional arrangement in which power is distributed between two relatively independent levels of government: the federal government and the state governments. First, the federal government has powers that are not listed in the Constitution. The decision in McCulloch v. Maryland enhanced federal power and gave the federal government ways to achieve the responsibilities that were given to it in the Constitution. Second, federalism is a system of shared power between state governments and the national government, but the decision in McCulloch v. Maryland established and reaffirmed the fact that the United States has a strong central government and that federal law has authority over state law. Imagine if states could just ignore federal laws: how would that affect how much authority the federal government has? This case ensured that the original intention of the Constitution to make a strong central government was met and guaranteed that states cannot interfere with powers given to the federal government.

Explain McCulloch v. Maryland's impact on federalism.

a. electoral college

Federalism has contributed to democracy in all of the following ways except: a. The Electoral College b. More opportunities for participation c. Disputes resolved at lower levels d. More points of access

national majority

Federalism may also have a negative effect on democracy insofar as local interests are able to thwart __________ ___________ support of certain policies. The 1960s, the states—especially those in the South— became battlegrounds when the national government tried to enforce national civil rights laws and court decisions. Federalism complicated and delayed efforts to end racial discrimination because state and local governments were responsible for public education and voting eligibility, for example, and because they had passed most of the laws supporting racial segregation.

1. Did Congress have the authority to establish the bank under the Constitution? 2. If Congress does, can states tax a national bank?

For McCulloch v. Maryland, there were two questions the Court was trying to answer:

Social Security

How effectively can any state regulate an international conglomerate such as General Motors? How can each state, acting individually, manage the nation's money supply? Although states could in theory have their own space programs, combining efforts in one national program is much more efficient. The largest category of federal expenditures is that for economic security, including the ____________ ___________ program. If each state had its own retirement program, would retirees who moved to Florida or Arizona be paid by their new state or the state they moved from? A national program is the only feasible method of ensuring the incomes of the mobile elderly of today's society.

False. State and national elections (AN IMPORTANT POWER)

In addition, the Constitution made states responsible for only state elections and it also gave the states the power to ratify constitutional amendments. True or False?

state

In contrast to private parties, the federal government and other states may bring suits against a _____ in federal court.

Guarantee Clause

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic Violence.

c. block

Which of the following gives states more discretion in using federal funds? a. Categorical grant b. Formula grant c. Block grant d. Mandate

interstate commerce

trade between two or more states

Bills of Attainder Laws

Laws that dictated prison sentences for accused who were NOT given a trial. These laws cannot be made!

fiscal federalism

Rise of _______ ___________ , in which grants-in-aid, federal funds appropriated by Congress for distribution to state and local governments, serve as an instrument through which the national government both aids and influences states and localities.

privileges and immunities

The provision of the Constitution according citizens of each state the privileges of citizens of other states.

c. Necessary and Proper

Which clause of the Constitution requires states to honor contracts signed in other states? a. Privileges and immunities b. Full faith and credit c. Necessary and proper d. Commerce

d.

Which of the following is a result of federalism? a. Diversity of policies in states b. States can be policy innovators c. States can spend less on education d. All of the above

d. Intergovernmental

Which organizing system does the government in the United States use? a. Confederate b. Unitary c. Federal d. Intergovernmental

Federal Courts

Who can order states to obey the Constitution or federal laws and treaties?

Mandates

_________ coupled with insufficient funds continue to pose problems for state and local governments. Such governments are the first responders in most emergencies: their police forces provide most of the nation's internal security, they maintain most of the country's transportation infrastructure, and they are responsible for protecting the public's health and providing emergency health care. The heightened concern for homeland security since September 11, 2001, led Congress to impose sizable new mandates on the states to increase their ability to deal with acts of terrorism, but Congress has not provided all the resources necessary to increase state and local capabilities.

Policy innovation

___________ _________ is facilitated. In fact, the American states have always been policy innovators. They overflow with reforms, new ideas, and new policies. From clean-air legislation to health care, the states constitute a national laboratory to develop and test public policies, and they share the results with other states and the national government. Almost every policy that the national government has adopted had its beginnings in the states. One or more states pioneered child labor laws, minimum-wage legislation, unemployment compensation, anti pollution legislation, civil rights protections, and the income tax. More recently, states have been active in reforming health care, education, and welfare—and the national government has been paying close attention to their efforts. States may also take initiatives on what most people view as national policies when the federal government acts contrary to the views of people within those states. Many states raised the minimum wage when Congress did not. Some states funded stem cell research after George W. Bush severely restricted it on the federal level.

Money

A combination of federal regulations and inadequate resources may also put the states in a bind. The national government requires that a local housing authority build or acquire a new low-income housing facility for each one it demolishes. But for years Congress has provided little ________ for the construction of public housing. As a result, a provision intended to help the poor by ensuring a stable supply of housing actually hurts them because it discourages local governments from demolishing unsafe and inadequate housing.

Gibbons v. Ogden

A landmark case decided in 1824 in which the Supreme Court interpreted very broadly the clause in Article I, Section 8, of the Constitution giving Congress the power to regulate interstate commerce, encompassing virtually every form of commercial activity.

Extradition

A legal process whereby an alleged criminal offender is surrendered by the officials of one state to officials of the state in which the crime is alleged to have been committed.

funds

A related problem arises when Congress passes a law creating financial obligations for the states but provides no _____ to meet these obligations. For example, in 1990 Congress passed the Americans with Disabilities Act, requiring states to make facilities, such as state colleges and universities, accessible to individuals with disabilities, but did not allocate funds to implement this policy.

Dual Federalism

A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies.

state

Additional levels of government also contribute to democracy by increasing access to government. Some citizens and interest groups are likely to have better access to state-level governments and others to the national government, so the two levels increase the opportunities for government to be responsive to demands for policies. For example, in the 1950s and 1960s, when advocates of civil rights found themselves stymied in Southern states, they turned to the national level for help in achieving racial equality. Business interests, on the other hand, have traditionally found ________ governments to be more responsive than the national government to their demands. Organized labor is not well established in some states, but it can usually depend on some sympathetic officials at the national level who will champion its proposals.

extradition

Almost all criminal law is state law. If someone robs a store, steals a car, or commits a murder, the chances are that this person is breaking a state, not a federal, law. The Constitution says that states are required to return a person charged with a crime in another state to that state for trial or imprisonment, a practice called __________. Although there is no way to force states to comply, they usually are happy to do so, not wishing to harbor criminals and hoping that other states will reciprocate. Thus, a lawbreaker cannot avoid punishment by simply escaping to another state.

Gibbons v. Ogden

American courts have spent many years trying to define "commerce." In 1824, the Supreme Court, in deciding the case of ____________ v. _______ , defined commerce very broadly to encompass virtually every form of commercial activity. Today, commerce covers not only the movement of goods, but also radio signals, electricity, telephone messages, the Internet, insurance transactions, and much more. The Supreme Court's decisions establishing the national government's implied powers ( McCulloch v. Maryland ) and a broad definition of interstate commerce ( Gibbons v. Ogden ) established the power of Congress to promote economic development through subsidies and services for business interests.

unitary

American states are _________ governments with respect to their local governments. That is, local governments receive their authority from the states, which can create or abolish local governments and can make rules for them, telling them what their speed limits will be, how they will be organized, how they can tax people, on what they can spend money, and so forth. States, in contrast, receive their authority not from the national government but directly from the Constitution.

McCulloch v. Maryland

An 1819 Supreme Court decision that established the supremacy of the national government over state governments. In deciding this case, Chief Justice John Marshall and his colleagues held that Congress had certain implied powers in addition to the enumerated powers found in the Constitution.

state

An implication of diversity is that states, responsible for supplying public services, differ in the resources they can or will devote to services like public education. Thus, the quality of education a child receives is heavily influenced by the _______ in which the child's parents happen to reside. In 2009, Vermont and Rhode Island spent $18,913 and $16,127 per student, respectively, while Arizona spent only $6,385. Diversity in policy can also discourage states from providing services that they might otherwise provide. Political scientists have found that generous welfare benefits can strain a state's treasury by attracting poor people from states with lower benefits. As a result, states may be deterred from providing generous benefits to those in need. A national program with uniform welfare benefits would provide no incentive for welfare recipients to move to another state in search of higher benefits.

diversity

An important effect is _____ in policy among the states. One implication is that it is possible for the diversity of opinion within the country to be reflected in different public policies among the states. If the citizens of Texas wish to have a death penalty, for example, they can vote for politicians who support it, even if other states move to abolish the death penalty.

full faith and credit

Article IV of the Constitution requires that states give __________ _________ ____ ______ to the public acts, records, and civil judicial proceedings of every other state. Without this clause, people could avoid their obligations, say, to make payments on automobile loans simply by crossing a state boundary. In addition, because courts can enforce contracts between business firms across state boundaries, firms incorporated in one state can do business in another.

McCulloch v. Maryland

As early as 1819, the issue of state versus national power came before the Supreme Court. This case involved the Second Bank of the United States. In 1791, it had created a national bank, a government agency empowered to print money, make loans, and engage in many other banking tasks. During James Madison's presidency it created the Second Bank, refueling a great national debate. Railing against the "Monster Bank," the state of Maryland passed a law in 1818 taxing the national bank's Baltimore branch $15,000 a year. The Baltimore branch refused to pay, whereupon the state of Maryland sued the cashier, James McCulloch, for payment. When the state courts upheld Maryland's law and its tax, the bank appealed to the U.S. Supreme Court. John Marshall was chief justice, and two of the country's most capable lawyers argued the case before the Court. Daniel Webster, widely regarded as one of the greatest senators in U.S. history, argued for the national bank, and Luther Martin, a delegate to the Constitutional Convention, argued for Maryland. Martin maintained that the Constitution was very clear about the powers of Congress (outlined in its Article I). The power to create a national bank was not among them. Thus, Martin concluded, Congress had exceeded its powers, and Maryland had a right to tax the bank. On behalf of the bank, Webster argued for a broader interpretation of the powers of the national government. The Constitution was not meant to stifle congressional powers, he said, but rather to permit Congress to use all means "necessary and proper" to fulfill its responsibilities. In their decision, Marshall and his colleagues set forth two great constitutional principles. The first was the supremacy of the national government over the states. Marshall wrote, "the government of the United States, though limited in its power, is supreme within its sphere of action." As long as the national government behaved in accordance with the Constitution, its policies took precedence over state policies, as the Constitution's supremacy clause said. Because of this principle, federal laws or regulations—civil rights acts, rules regulating hazardous substances, water quality, and clean-air standards, and so on— preempt state or local laws or regulations and thus preclude their enforcement.

Fourteenth

Cases arising under the _________ Amendment (usually cases regarding racial discrimination) are an exception to state immunity, and Congress may deny state immunity from suits regarding bankruptcy cases

Project formula

Categorical grants are of two types: ___________ grants , the more common type, are awarded on the basis of competitive applications. National Science Foundation grants obtained by university professors are an example. Formula grants, as their name implies, are distributed according to a formula. These formulas vary from grant to grant and may be computed on the basis of population, per capita income, percentage of rural population, or some other factor. A state or local government does not apply for a formula grant; the grant's formula determines how much money the particular government will receive. Vigorous political battles are fought in Congress over the formulas. The most common formula grants are those for Medicaid, child nutrition programs, sewage treatment plant construction, public housing, community development programs, and training and employment programs.

Block grants

Complaints about the cumbersome paperwork and the many strings attached to categorical grants led to the adoption of the second major type of federal aid, __________ grants. These grants are given more or less automatically to states or communities, which then have discretion within broad areas in deciding how to spend the money. First adopted in 1966, these grants support programs in areas like community development that can be used for policies such as housing and expanding employment opportunities for persons with lower incomes.

1. Shared Costs 2. Federal Guidelines 3. Shared administration

Cooperative federalism involves the following: -________________ _____. Cities and states can receive federal money for airport construction, sewage treatment plants, youth programs, and many other programs, but only if they pay part of the bill. -___________ ____________. Most federal grants to states and cities come with strings attached. For example, Congress spends billions of dollars to support state highway construction, but to get their share, states must adopt and enforce limits on the legal drinking age. -_____________ ____________. State and local officials implement federal policies, but they have administrative powers of their own. The U.S. Department of Labor, for example, gives billions of dollars to states for implementing job training, but states administer the money and have considerable latitude in spending it.

have nothing to do with commerce.

In 1995, the Court held in United States v. Lopez that the federal Gun-Free School Zones Act of 1990, which forbade the possession of firearms in public schools, exceeded Congress's constitutional authority to regulate commerce. Guns in a school zone, the majority said, WHAT?

formula grants

Federal categorical grants distributed according to a formula specified in legislation or in administrative regulations.

project grants

Federal categorical grants given for specific purposes and awarded on the basis of the merits of applications

injunctive

Federal courts have the jurisdiction to hear cases in which a private party names a state officer in his or her official capacity as a defendant and may grant ________ relief (that is, to require the officer to do or refrain from doing certain acts). Courts permit such cases to protect the supremacy of the Constitution in protecting basic rights.

block grants

Federal grants given more or less automatically to states or communities to support broad programs in areas such as community development and social services

categorical grants

Federal grants that can be used only for specific purposes, or "categories," of state and local spending. They come with strings attached, such as nondiscrimination provisions.

In many ways, the answer appears to be yes. The federal system in America decentralizes our politics. Voters elect senators as representatives of individual states, not of the entire nation. Different interests are concentrated in different states: energy in Texas, citrus growing in Florida and California, and copper mining in Montana, for example. The federal system allows an interest concentrated in a state to exercise substantial influence in the election of that state's officials, both local and national. In turn, these officials promote policies advantageous to the interest in both the state capital and Washington. This is a pluralism of interests that James Madison, among others, valued within a large republic.

Has the federal system in fact contributed to democracy?

truism

In 1941 the Supreme Court (in United States v. Darby ) called the Tenth Amendment a constitutional _______—that is, a mere assertion that the states have independent powers of their own, and not a declaration that state powers are superior to those of the national government.

Supreme Court national

In 1954, in Brown v. Board of Education, the ________ _________ held that school segregation was unconstitutional. Southern politicians responded with what they called "massive resistance" to the decision. When a federal judge ordered the admission of two African American students to the University of Alabama in 1963, Governor George Wallace literally blocked the school entrance to prevent federal marshals and the students from entering the admissions office; the students were nonetheless admitted. And throughout the 1960s the federal government enacted laws and policies to end segregation in schools, housing, public accommodations, voting, and jobs. The conflict between states and the national government over equality issues was decided in favor of the _______ government. National standards of racial equality prevailed.

regulate interstate commerce most important sources of power

In 1964, when Congress prohibited racial discrimination in places of public accommodation such as restaurants, hotels, and movie theaters, it did so on the basis of its power to _______________ ___________ _____________. Thus, regulating commerce became one of the national government's ________ ______________ _________ ___ ________.

states national Constitiution

In 1985, in Garcia v. San Antonio Metro, the Court overturned the National League of Cities decision. The Court held, in essence, that it was up to Congress to decide which actions of the states should be regulated by the national government. Thus, once again, the Court ruled that the Tenth Amendment did not give _____ power superior to that of the ________ government for activities not mentioned in the ___________.

economic

In 2000, the Court ruled in United States v. Morrison that the power to regulate interstate commerce did not give Congress the authority to enact the 1994 Violence Against Women Act, which provided a federal civil remedy for the victims of gender-motivated violence. Gender Motivated crimes of violence are not, the Court said, in any sense __________ activity.

tax

In 2012, the Supreme Court heard challenges to the health care reform act that Congress passed in 2010. Critics contended that the mandate that everyone purchase health insurance exceeded the reach of the commerce clause and was thus unconstitutional. The Supreme Court held that the mandate exceeded Congress's power under the commerce clause but nevertheless upheld the mandate on the basis of the ___ power.

federal

In Arizona et al. v. United States (2012) the Court held that ______ law preempted the state of Arizona from making it a crime for immigrants to fail to register under a federal law, or for illegal immigrants to work or to try find work, and preempted it from allowing police to arrest people without warrants if they had probable cause to believe that they had done things that would make them deportable under federal law. However, the Court did uphold the state requirement that state law enforcement officials determine the immigration status of anyone they stop or arrest if there is reason to suspect that the individual might be an illegal immigrant.

a written law passed by a legislative body

In Bond v. United States (2011), the Court held that a person indicted under a federal statute may challenge the statute on the Tenth Amendment grounds that, in enacting the statute, the federal government invaded state powers under the Constitution. What does statute mean?

True

In Printz v. United States (1997) and Mack v. United States (1997), the Supreme Court voided the congressional mandate in the Brady Handgun Violence Prevention Act that the chief law enforcement officer in each local community conduct background checks on prospective gun purchasers. According to the Court, "The federal government may neither issue directives requiring the states to address particular problems, nor commend the states' officers, or those of their political subdivision, to administer or enforce a federal regulatory program." True or False?

monetary state

In deference to the states, the Eleventh Amendment prohibits federal courts, state courts, or federal administrative agencies from hearing cases in which a private party names a state as a defendant or seeks ________ relief from a state officer in his or her official capacity (such as a suit against a police officer for violating one's rights) unless the _____ gives its consent.

True.

In general, states have responsibility for a wide range of policies and may largely organize themselves and their local governments as they wish. True or False?

discriminate against citizens of another state

In general, the more fundamental the right—such as owning property or receiving police protection—the less likely it is that a state can WHAT?

did not give Congress the right to regulate local commercial activities

In the latter part of the nineteenth century, however, Congress sought in addition to use its interstate commerce power to regulate the economy, for example, by requiring safer working conditions for laborers or protecting children from working long hours. The Court then ruled that the interstate commerce power WHAT?

state

Medicaid, which provides healthcare for poor people, is a prime example of a federal grant program that puts states in a difficult situation. Administered by the states, Medicaid receives wide support from both political parties. The national government pays the majority of the bill, and the states pick up the rest. In the past two decades, Congress has moved aggressively to expand Medicaid to specific populations, requiring the states to extend coverage to children, pregnant women, and elderly poor under certain income levels. Congress has also increased its funding for the program, but the new requirements have meant huge new demands on ______ budgets.

national

National League of Cities v. Usery, in which it held that extending national minimum-wage and maximum-hours standards to employees of state and local governments was an unconstitutional intrusion of the ________ government into the domain of the states.

enumerated powers

Powers of the federal government that are specifically addressed in the Constitution; for Congress, including the powers listed in the Article I, Section 8, for example, to coin money + regulate its value + impose taxes.

Implied powers

Powers of the federal government that go beyond those enumerated in the Constitution, in accordance with the statement that Congress has the power to "make all laws necessary + proper for carrying into execution" the power enumerated in Article I.

expand the program

Say Congress decides to expand a program administered by the states and funded, in part, by the national government. It passes a law requiring the states to _________ __ __________ if they want to keep receiving aid, which most states do. Requirements that direct states or local governments to provide additional services under threat of penalties or as a condition of receipt of a federal grant are a type of mandate. Congress usually appropriates some funds to help pay for the new policy, but whether it does or does not, the states suddenly have to budget more funds for the program just to receive federal grant money.

Washington

Similarly, a few states have recently rejected some short-term federal aid for unemployment benefits because they did not want to accept the requirements to maintain the benefits in the long term. The federal government may also unintentionally create financial obligations for the states. California, New York, Texas, Florida, and other states have sued the federal government for reimbursement for the cost of health care, education, prisons, and other public services that the states provide to illegal residents. The states charged that the federal government's failure to control its borders was the source of huge new demands on their treasuries and that ______________, not the states, should pay for the problem.

no longer can tax imports or exports coin money or issue paper money cannot impair obligations of contract grant titles of nobility pass bills of attainder (wholesale laws that would make an entire group of people illegal) pass ex post facto laws permit slavery (13th amend.) abridge citizens' priviledges and immunities deny due process of law raise or maintain military forces deny equal protection of law impose poll taxes deny right to vote b/c of age, race, or gender enter treaties declare war

States gave up powers or are denied powers such as:

constitutional amendment

The Civil War (1861-1865) was mainly a struggle over slavery, but it was also a struggle between states and the national government. (In fact, Abraham Lincoln announced in his 1861 inaugural address that he would support a _______________ ____________ guaranteeing slavery if it would save the Union.) As a result of this struggle, the national government asserted its power over the Southern states' claim of sovereignty.

implement them funds

The Clean Air Act of 1970 established national air quality standards but required states to ______________ _____ and to appropriate _______ for that purpose. In an attempt to deal with this problem, in 1995, Congress passed a law requiring the Congressional Budget Office to estimate the costs of all bills that impose such mandates. This requirement does not apply to anti discrimination legislation or to most legislation requiring state and local governments to take various actions in exchange for continued federal funding (such as grants for transportation). The bill also ordered federal agencies to design new processes to allow greater input by state and local officials into the development of regulations imposing mandates.

True.

The Constitution created obligations of the national government toward the states. For example, the national government is to protect states against violence and invasion. True or False?

interstate international

The Constitution gives Congress the power to regulate ________ and ________ commerce.

True.

The Constitution guaranteed states equal representation in the Senate (and even made this provision unamendable, in Article V). True or False?

True.

The Constitution virtually guaranteed the continuation of each state; Congress is forbidden to create new states by chopping up old ones, unless a state's legislature approves (an unlikely event). True or False?

loosen restrictions

The Great Depression placed new demands on the national government, and beginning in 1933, the New Deal of President Franklin D. Roosevelt produced an avalanche of regulatory and social welfare legislation. Although initially the Supreme Court voided much of this legislation, after 1937 the Court began to ___________ _________ on the national government's regulation of commerce.

spend funds

The No Child Left Behind Act, passed in 2002, threatens school systems with the loss of federal funds if their schools do not improve student performance, but the federal government has provided only a modest increase in funding to help the school systems bring about those improvements. Federal courts, too, create unfunded mandates for the states. In recent years, federal judges have issued states orders in areas such as prison construction and management, school desegregation, and facilities in mental health hospitals. These court orders often require states to ________ ________ to meet standards imposed by the judge.

federal

The amount of money spent on ___________ grants has grown rapidly from the 1960s and especially since the 1990s. For 2013, federal grants in-aid (including loan subsidies, such as cases in which the federal government pays the interest on student loans until a student graduates) totals more than $600 billion. Federal aid, covering a wide range of policy areas, accounts for about one-fourth of all the funds spent by state and local governments and for about 17 percent of all federal government expenditures.

supremacy clause

The clause in Article VI of the Constitution that makes the Constitution, national laws, and treaties supreme over state laws as long as the national government is acting within its constitutional limits

Tenth Amendment

The constitutional amendment stating, "The powers not delegated to the US by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."

Crossover Sanctions

The federal government may also employ ________________ ___________ —using federal dollars in one program to influence state and local policy in another. Are being applied when, for example, funds for highway construction are withheld unless states raise the drinking age to 21 or establish highway beautification programs. Crosscutting requirements occur when a condition on one federal grant is extended to all activities supported by federal funds, regardless of their source. The grandfather of these requirements is Title VI of the 1964 Civil Rights Act, which bars discrimination in the use of federal funds because of race, color, national origin, gender, or physical disability. For example, if a university discriminates illegally in one program—such as athletics—it may lose the federal aid it receives for all its programs. There are also crosscutting requirements dealing with environmental protection, historic preservation, contract wage rates, access to government information, the care of experimental animals, the treatment of human subjects in research projects, and a host of other policies.

elastic clause

The final paragraph of Article I, Section 8, of the Constitution, which authorizes Congress to pass all laws "necessary and proper" to carry out the enumerated powers.

prohibit states from discriminating against citizens of other states If, for example, a Texan visits California, the Texan will pay the same sales tax and receive the same police protection as residents of California.

The goal of privileges and immunities, this constitutional provision, is to?

monopolies

The industrialization of the country raised other issues as well. For example, with the formation of large corporations in the late nineteenth century came the potential for such abuses as monopoly pricing. If there is only one railroad in town, it can charge farmers inflated prices to ship their grain to market. If a single company distributes most of the gasoline in the country, it can set the price at which gasoline sells. Thus, many interests asked the national government to restrain and to encourage open competition.

participation

The more levels of government, the more opportunities there are for _________ in politics. State governments provide thousands of elected offices for which citizens may vote and/or run.

economy

The national government has involved itself (some might say interfered) in the economic marketplace with quotas, subsidies, and regulations intended to help American businesses. From the very founding of the republic, the national government took a direct interest in economic affairs. As the United States industrialized, new problems arose and, with them, new demands for governmental action. The national government responded with a national banking system, subsidies for railroads and airlines, and a host of other policies that dramatically increased its role in the ________.

implied enumerated

The other key principle of McCulloch was that the national government has certain _______ powers that go beyond its ___________ powers. The Court held that Congress was behaving consistently with the Constitution when it created the national bank. Congress had certain enumerated powers, powers specifically listed in Article I, Section 8, of the Constitution. These included coining money and regulating its value, imposing taxes, and so forth. The Constitution did not enumerate creating a bank, but Article I, Section 8, concluded by stating that Congress has the power to "make all laws necessary and proper for carrying into execution the foregoing powers." That, said Marshall, gave Congress certain implied powers . It could make economic policy consistent with the Constitution, including establishing a national bank. Commentators often refer to the "necessary and proper" clause of the Constitution as the elastic clause. Hundreds of congressional policies, especially in the economic domain, involve powers not specifically mentioned in the Constitution. Federal policies to regulate food and drugs, build interstate highways, protect consumers, clean up dirty air and water, and do many other things are all justified as implied powers of Congress.

Fiscal Federalism

The pattern of spending, taxing, and providing grants in the federal system; it is the cornerstone of the national government's relations with state and local governments.

establishing courts maintaining law and order protecting citizens' health and safety regulating financial institutions raise revenues through taxes borrow money spend for the general welfare of their citizens take private property for public purposes with just compensation to the owners

The states and the national government have overlapping responsibilities for important matters, such as:

Devolution

The transferring of responsibility for policies from the federal government to state and local governments. For example, repealing federal speed limits, allowing states more latitude in dealing with welfare policy, and making it more difficult for state prisoners to seek relief in federal courts.

intergovernmental relations

The workings of the federal system-----the entire set of interactions among national, state, and local governments, including regulations, transfers of funds, and the sharing of information.

lower

There are many exceptions to the privileges and immunities clause, however. Many of you attend public universities. If you reside in the state in which your university is located, you generally pay a tuition substantially _______ than that paid by your fellow students from out of state. Similarly, only residents of a state can vote in state elections.

categorical block

There are two major types of federal grants-in-aid for states and localities: __________ grants and _______ grants.

devolution

Transferring responsibility for policies from the federal government to state and local governments.

Dual Federalism

WHAT AM I DESCRIBING HERE? -National government and the states remain supreme within their own spheres. -The national government is responsible for some policies, the states for others. -For example, the national government has exclusive control over foreign and military policy, the postal system, and monetary policy. -States have exclusive control over schools, law enforcement, and road building. -The powers and policy assignments of the two layers of government are distinct, as in a layer cake.

cooperative federalism

WHAT AM I DESCRIBING HERE? -The national government and the states share powers and policy assignments. -Instead of a layer cake, this type of federalism is more like a marble cake, with mingled responsibilities and blurred distinctions between the levels of government. -Thus, for example, after the terrorist attacks on September 11, 2001, the national government asked state and local governments to investigate suspected terrorists, and both national and state public health officials dealt with the threat caused by anthrax in the mail in Florida, New York, and Washington, D.C.

Tenth

What are the boundaries of the national government's powers? According to some commentators, the _______ Amendment provides part of the answer. It states that the "powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people." To those advocating states' rights , the amendment clearly means that the national government has only those powers that the Constitution specifically assigned to it. The states or people have supreme power over any activity not mentioned there.

1. The Constitution 2. Laws of the national government (when consistent with the Constitution) 3. Treaties (which can be made only by the national government)

When the national government places prohibitions or requirements on the states—whether through acts of Congress or agency regulations—inevitably issues arise for the courts to decide. The second paragraph of Article VI of the Constitution, often referred to as the supremacy clause, states that the following three items are the supreme law of the land: 1. 2. 3. Judges in every state are specifically directed to obey the Constitution, even if their state constitutions or state laws directly contradict it. Allstate executives, legislators, and judges are bound by oath to support the Constitution.

a detriment to democracy

sometimes decentralization of politics can be _ ___________ ___ _____________ Even the presidential election, choosing a leader for the national government, is actually 51 presidential elections, one in each state and one in Washington, D.C. It is possible—as happened in 2000—for a candidate who receives the most popular votes in the country to lose the election because of the way in which the Constitution distributes electoral votes by state. Such a result is a questionable contribution to democracy.

grown

the national government's share of American governmental expenditures has _______ considerably since 1929. The period of rapid growth was the 1930s and 1940s, a period that included the Great Depression and World War II. Before that time, the national government spent an amount equal to only 2.5 percent of the size of the economy, the gross domestic product (GDP). Today, it spends nearly a fourth of our GDP, if we include grants to states and localities. The proportion of our GDP spent by state and local governments has grown far less. States and localities spent 7.4 percent of our GDP in 1929; they spend about 11 percent today, not including federal grants.