Federalism

Appellate Courts

Courts that determine whether lower courts have made errors of law., These courts do not determine guilt or innocence, but if the accused has had a fair trial. These courts can be either state or federal.

Project grants

• Federal categorical grants given for specific purposes and awarded on the basis of merits of application. • Example-national science foundation.

Ex post facto

"after the fact." An ex post facto law is one which makes a particular act illegal, and punishes people who committed that crime before the law was passed, i.e., when the act was legal. "Ex post facto" means "from a thing done afterward" in Latin.

Motor Voter Act

A 1993 act that requires states to permit people to register to vote when they apply for a driver's license.

Allocation

A share set aside for a specific purpose

Dual Federalism (Layer Cake)

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

Limited Government

Basic principle of American government which states that government is restricted in what it may do, and each individual has rights that government cannot take away

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.

Wickard v. Filburn (1942)

Issue: Filburn was fined for growing more wheat for private use than allowed under the Agricultural Adjustment Act; Filburn refused to pay fine and filed complaint when Wickard (Secretary of Agriculture) denied him a marketing card. Court Decision: unanimous in favor of Wickard; because Filburn was growing excess crop for his own use, he was affecting national commerce; they had to make an example out of Filburn. Federalism: Commerce Clause was interpreted to allow national government to control a matter reserved for the states (intrastate trade--crops)

United States v. Lopez (1995)

Issue: Lopez brought a gun into school with the intention of selling it; he was charged for violating the Gun Free School Zone Act and moved to dismiss the charges because control of public schools is a state right. US argument was that this act affected national commerce by declining tourism. Court Decision: 5/4 in favor of Lopez. MAJORITY- the buying/selling of one handgun does not affect commerce. DISSENTING- this instance would lead to state economic problems, which would expand nationwide. Federalism: Gun Free School Zone Act was found unconstitutional because Article 10 of the Constitution gives states the right to control their schools.

McCulloch v. Maryland (1819)

Issue: Maryland was jealous of National Bank's power and tried to tax it, McCulloch (federal cashier) refused to pay and sued Maryland stating that the states do not have the right to tax the federal government. Court Decision: unanimous in favor of McCulloch; federal bank can tax states, but not vice versa Federalism: upheld Supremacy Clause and Necessary and Proper Clause

Implied Powers (Elastic Clause)

Powers of U.S. government which have not been explicitly granted by the Constitution but that is implied; those "necessary and proper" to carry out the expressed powers (Necessary and proper Clause "elastic clause")

Inherent Powers

Powers of the Constitution is presumed to have delegated to the National Government because it is the government of a sovereign state within the world community (Logical)

Great Society

President Johnson called his version of the Democratic reform program the Great Society. In 1965, Congress passed many Great Society measures, including Medicare, civil rights legislation, and federal aid to education.

The balance of power between the United States national government and state governments is shaped by the Constitution and Supreme Court rulings. (a) Describe EACH of the following constitutional provisions. • Supremacy clause •Tenth Amendment (b) Explain how ONE of the following court rulings changed the balance of power between the national government and state governments. • United States v. Lopez (c) Describe TWO advantages of federalism for the creation of public policy in the United States.

The Supremacy clause establishes that federal laws/United States Constitution take precedence over state laws/state constitutions. The Tenth Amendment establishes that powers not delegated to the federal government are reserved to the states. The Court's decision in Lopez struck down a federal law creating gun-free school zones, which limited the power of the federal government in relation to the states. • The Court's decision in Lopez adopted a more narrow interpretation of Congress's use of the Commerce Clause, which limited the power of the federal government in relation to the states. • States can make policy specific to their individual needs. • States serve as laboratories of democracy/policy innovators. • The federal government can establish uniform policy, if and when necessary

Explain how the appropriate balance of power between national and state governments has been interpreted differently over time.

The balance of power between the national and state governments has changed over time based on U.S. Supreme Court interpretation of such cases as: •McCulloch v. Maryland (1819)—which declared that Congress has implied powers necessary to implement its enumerated powers and established supremacy of the Constitution and federal laws over the states. •U.S. v. Lopez (1995)—which ruled that Congress may not use the Commerce Clause to make possession of a gun in a school zone a federal crime, introducing a new phase of federalism that recognized the importance of state sovereignty and local control. The interpretation of the Tenth and Fourteenth Amendments, the Commerce Clause, the Necessary and Proper Clause, and other enumerated and implied powers is at the heart of the debate over the balance of power between the national and state governments

Explain how societal needs affect the constitutional allocation of power between the national and state governments.

The exclusive and concurrent powers of the national and state governments help to explain the negotiations over the balance of power between the two levels. 2. The distribution of power between federal and state governments to meet the needs of society changes, as reflected by grants, incentives, and aid programs, including federal revenue sharing, mandates, categorical grants, and block grants.

Devolution

The effort to transfer responsibility for many public programs and services from the federal government to the states.

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.

Examples of cooperative federalism

o 9/11-national govt asked state and local governments to investigate suspected terrorists both national and state public health officials dealt with the threat of anthrax o Highways-1956 congress passed an act creating an interstate highway system o Schools-almost all schools receive federal assistance. They must comply with federal regulations

Describe categorical grants and tell how they were accomplished

• Federal grants that can only be used for specific purposes, or categories, of state and local spending. They come with strings attached, such as nondiscrimination provisions. • They can support of labor projects that pay below the local union wage. • Main source of financial aid to state and local govts.

List advantages federalism has for democracy

• More levels, more opportunities for participation in politics. • Contribute to democracy by increasing access to government • State and local-even if a party loses at the nation level it can rebuild in its areas of strength and develop leaders under its banner at the state and local level. • By handling most disputes over policy at the state and local level, federalism also reduces decision making and conflict at the national level.

Brady bill

(WJC) 1993; handgun violence prevention act; legislation that established a five-day waiting period for handgun purchases, law passed in 1993 requiring a waiting period on sales of handguns, along with a criminal background check on the buyer

Reagan's New Federalism

(or New New federalism) - 1980 1) Continuation of Nixon's ideas, but in different form 2) Return to layer cake model 3) Distinct separate functions 4) Cities and non-profits uninvolved 5) Trickle-down effects from states 6) No more revenue sharing, huge fed deficit, less involvement of national gov't in social policy 7) Stronger role for states

Federal Revenue Sharing

-Distribution of part of the federal tax income to states and municipalities. -Federal sharing of a fixed percentage of its revenue with the states. -The distribution of a portion of federal tax revenues to state and local governments.

District court vs. appellate court

-District courts hear a case for the first time, they are the trial court, whereas appellate court does not hear the case or have a trial they just review the district court's decision to see if proper procedures were followed

Enumerated powers

-Powers of the federal government that are listed explicitly in the Constitution. -18 of these powers for Congress in Article 1, Section 8. Also known as expressed or delegated powers.

Cooperative Federalism (Marble Cake)

• A system of govt in which powers and policy assignments are shared between the states and the national govt. they must also share costs, administration and even blame for the programs that work poorly•

Tell about issues with unfunded mandates

• Congress passes laws creating financial oblications for the states but provides no funds to meet these oblications. • Ex-american with disabilities act-states had to make colleges and universities accessible to individuals with disabilities, but were not allocated any funds, • EX- clean air act of 1970 established national air quality standards but required states to administer them and to appropriate funds for their implementation

Formula grants

• Federal categorical grants distributed according to a formula specified in legislation or in administrative regulations. The formulas may be computed on the basis of population, per capita income, percentage of rural population or some other factor.

Unfunded mandates

• Requirements that direct states and local governments to provide additional services under the threat of penalties or as a condition of the the receipt of federal grant money. These laws often require states to spend money to implement