Gov ch.3

us v lopez

involved the conviction of a student charged with carrying a concealed handgun onto school property; a five person majority of the court ruled that congress lacked constitutional authority under the commerce clause to regulate guns within 1000 feet of a school and concluded that local gun control laws were a state matter and not a federal one

confederation

type of government where the national government derives its powers from the states; a league of independent states

rampant unemployment and the great depression

unemployment was as high as 40-50 percent and was the hallmark of the great depression

number of governments in the US

87909

violence against women act of 1994 and the supreme court

...

republican reagan revolution

1980 reagan was elected, he pledged to advance what he called a new federalism and a return of power to the states; this policy set the tone for the federal/state relationship that was maintained from the 1980s until 2001, presidents and congresses took steps to shrink the size of the federal government in favor of programs administered by state governments

compacts by the numbers table 3.1

200+ interstate compacts currently in operation, average compact memberships by a state is 27, since 1920 150+ compacts have been developed

civil war amendments

13 14 15 amendments; prohibited slavery and granted civil and political rights to african americans

enumerated powers

17 specific powers granted to congress under article 1 section 8 of the US constitution; these powers include taxation, coinage of money, regulation of commerce, and authority to provide for a national defense

sherman anti-trust act

1890-allowed congress to establish itself as an important player in the growing national economy; the supreme court ruled that congressional efforts to control monopolies through the passage of this act did not give congress the authority to prevent the sale against the 4 sugar refineries that controlled 98 percent of the US sugar refining business because manufacturing was not commerce

sources of the federal deficit

Bush's tax cuts, spending on the war in Iraq, costs associated with expansion of federal government due to 9/11 attacks and hurricanes katrina and rita

presidents calvin coolidge and herbert hoover

Coolidge and hoover took little action despite the severity of these indicators because they believed that the national depression was an amalgamation of state economic crises that should be dealt with by state and local governments

fdr's court packing plan

FDR knew he could do little to change the minds of those already on the court so he suggested enlarging its size from 9 to 13 justices, which would have given him the opportunity to pack the court with a majority of justices predisposed toward the constitutional validity of the New Deal

fdr and federal dollars to the states

FDR's new deal plan increased the flow of federal dollars to the states with the infusion of massive federal dollars for a variety of public works programs

the court and the authority of states to limit abortion

Since webster more states have enacted new restriction on abortion, with parental consent, informed consent or waiting periods, or bands on late-term or "partial birth" abortions being most common; the court consistently has upheld the authority of the individual states to limit a minor's access to abortion through imposition of parental consent or notification laws

the supreme court's adherence to dual federalism

Supreme court adhered to dual federalism until 1933 when the importance of state government's powers diminished with plessy v. ferguson

great society

a broad attempt to combat poverty and discrimination by the LBJ administration

preemption

a concept derived from the constitution's supremacy clause that allows the national government to override or preempt state or local actions in certain areas

bill of attainder

a law declaring an act illegal without s judicial trial; national and state governments cannot pass these

emergency management assistance compact

allows states to cooperate and share resources in the event of natural and man-made disasters

congress and revolutionary war debt payments

as early as 1790 congress appropriated funds for the states to pay war debts but it wasn't until the civil war that congress enacted its first true federal grant program, which allocated federal funds to the states for a specific purpose

concurrent powers

authority possessed by both the state and national governments that may be exercised concurrently as long as that power is not exclusively within the scope of national power or in conflict with national law (ex: right to tax, borrow money, establish courts, and make/enforce laws)

economic events in the 1920s as catalyst for end of dual federalism

bank failures were common in the 1920s, agricultural prices slumped across the nation in 1921, the construction industry went into decline in 1926, inventories of consumer goods and automobiles were at an all-time high in the summer of 1929, stock prices crashed along with the entire national economy in 1929

powers of the states mentioned in the main text of the consitution

because the states had all the power at the time the constitution was written the framers felt no need to list and restate the powers of the states; article 1 allows states to set the times places and manners for holding elections for senators and representatives and guarantees each state 2 members in the senate and prevents congress from limiting the slave trade before 1808, article 2 requires that each state appoint electors to vote for president, article 6 provides each state a republican form of government and assures that the national government will protect the states against foreign attacks and domestic rebellion

block grants

broad grant with few strings attached; given to states by the federal government for specified activities such as secondary education or health services

state budget shortfalls

by 2003 state governments faced budget shortfalls of more than $30 biliion because state governments, unlike the federal government, are required to balance their budgets which caused governors and legislatures to struggle to make ends meet; states were able to project surpluses for the fiscal year 2006 by raising taxes and cutting services

federal grant in aid programs

by the 1950s-60s federal grant in aid programs were well entrenched, they often defined federal/state relationships and made the national government a major player in domestic policy, until the 60s most federal grant programs were constructed in cooperation with the states and were designed to assist the states in the furtherance of their traditional responsibilities to protect the health, welfare and safety of their citizens

contract with america

campaign document proposed by House Minority Whip Newt Ginrich of Georgia, republican candidates pledged to force a national debate on the role of the national government in regard to the states and a top priority was scaling back the federal government

john marshall

chief justice of the supreme court from 1801-1835, his court had a significant impact on the federal/state relationship and they helped to define an important role for the court in defining the balance of power between the national government and the states

the civil war and federalism

civil war changed federalism, after the war the national government grew in size and powers and attempted to impose its will on the state governments

court reverses itself on anti new deal decisions

congress and the public were outraged at FDR's idea to tamper with an institution of government but the court, in response to this threat, reversed its series of anti-new deal decisions, concluding that congress had the authority to legislate in any area so long as what was regulated affected commerce in any way and it also upheld the constitutionality of the bulk of the massive new deal relief programs

a new kind of judicial federalism

congress may have passed sweeping new deal legislation but it wasn't until the supreme court reversed its decision and found those programs constitutional that any real changed occurred in the federal/state relationship; from new deal til the 80s the supreme court's impact on the federal system generally was to expand the national government's authority at the expense of the states but by the beginning of the 80s the court's willingness to allow congress to regulate in a variety of areas waned once reagan came into office

interstate compacts

contracts between states that carry the force of law, generally now used as a tool to address multistate policy concerns; set by article 1 section 10 clause 3 of the constitution

1996 supreme court decision on the author of congress to place requirements on states regarding indian tribes

court ruled that congress lacked the authority to require states to negotiate with indian tribes about gaming; the constitution gives congress the right to deal with indian tribes but the court found that florida's soverign immunity protected the state from this kind of congressional directive about how to conduct its business

plessy v ferguson (1896)

court ruled that state maintenance of separate but equal facilities for blacks and whites was constitutional, after this most civil rights and voting cases also became state matters despite civil war amendments

webster v reproductive health services, illustrative of trend

cuomo said the decisions of the reagan-bush court created a new kind of judicial federalism characterized by the court's withdrawal of rights previously thought to be national; this was illustrated by webster v reproductive health services in which the court gave new latitude to the states to fashion more restrictive abortion laws

dramatic alteration of federal state local government relationship

declining federal revenues under Reagan dramatically altered the relationships among federal, state, and local governments and federal aid to state and local governments declined

lyndon b johnson

democratic president of 1964, launched the great society program which included what LBJ called a "war on poverty"

the end of dual federalism in the 1930s

dual federalism came to an abrupt end in the 1930s, the 16th and 17th amendments set the stage for expanded national gov but dual federalism's demise was due to a series of economic events that caused the great depression

the 1970s energy crisis and the national 55 mph speed limit

during the energy crisis the national government initially imposed a national 55 mph speed limit on the states, it reflects how between the new deal and the 1990s the discussion of federalism changed to how much say in policies of the states can the national government have

bill clinton

elected president in 1992 and was the first democrat in 12 years, he was a former governor but was more predisposed to federal programs than his republican predecessors, had limited ability to make changes in the federal system

new federalism

federal/state relationship proposed by Reagan administration during the 1980s; hallmark is returning administrative powers to the state governments

necessary and proper clause

final paragraph in article 1 section 8 of the constitution, which gives congress the authority to pass all laws necessary and proper to carry out the enumerated powers specified in the constitution, also called elastic clause

sixteenth amendment

gave national government the power to levy income tax

commerce clause

gibbons v ogden questioned the scope of congress's authority under the commerce clause, the states argued commerce as mentioned in article 1 should be interpreted narrowly to include only direct dealings with products but the court ruled that congress's power to regulate interstate commerce included the power to regulate commercial activity as well

economic condititions, limited federal government and the Bush and Gore presidential campaigns in 2000

gore failed to turn the success of the clinton administration into a gore presidency in 2000, Bush campaigned on a platform of even more limited federal government arguing that state and local governments should have extensive administrative powers over programs such as education and welfare

categorical grants

grant for which congress appropriates funds for a specific purpose

four categories of block grants in late 1980s and early 1990s

health, income security, education, transportation

no child left behind

imposed a host of federal requirements on everything from class size to accountability testing, increased the burden on the federal coffers; viewed by many as an unprecedented usurption of state and local powers

franklin d roosevelt

in 1933 newly elected FDR proposed a variety of innovative programs called the new deal, he used the full power of the office of the president as well as his highly effective communication skills to sell the american public and congress on a new level of government intervention intended to stabilize the economy and reduce suffering

other supreme court cases constraining federal power

in 1997 the court decided two cases on zoning and local law enforcement that also dealt with the scope of congress's authority to regulate in areas historically left to the states; court ruled that sections of the religious freedom restoration act were unconstitutional because congress lacked the authority to meddle in local zoning regulations; another 5-4 vote found that congress lacked the authority to require local law enforcement officials to conduct background checks on handgun purchasers until the federal gov was able to implement a national system; courts found that congress lacked the authority to change patent laws in a manner that would negatively affect a state's right to assert its immunity from lawsuits

dred scott v. sandford

in cases like dred scott v sandford the court tried to manage the slavery issue by resolving questions of ownership, the status of fugitive slaves, and slavery in the new territories; these cases were generally settled in favor of slavery and states rights within the framework of dual federalism

Missouri compromise

in dred scott the taney court declared the missouri compromise unconstitutional and ruled that congress lacked the authority to ban slavery in the territories

alphabetocracy

in the first few weeks of the legislative session after FDR's inauguration, congress passed a series of acts creating new federal agencies and programs proposed by FDR, these new agencies were often known by their initials created what many termed an alphabetocracy

new deal

innovative programs made by FDR, ushered in a new era in American politics

war on poverty

launched by LBJ under the great society program

ex post facto laws

law passed after the fact, thereby making previously legal activity illegal and subject to current penalty; prohibited by the US constitution

seventeenth amendment

made senators directly elected by the people; removed their selection from state legislatures

morrill land grant act of 1862

most believe the start of allocating federal funds to the states for a specific purpose began with the morrill land grant act of 1862, which gave each state 30,000 acres of public land for each representative in congress

the court has decided several major cases on the nature of the federal system since 1989

most of these cases have been 5-4 votes and have been decided against increased congressional power or in a manner to provide the states with greater authority over a variety of issues and policies

figure 3.3

national (enumerated) powers-coin money, conduct foreign relations, regulate commerce with foreign nations and among the states, provide for an army and a navy, declare and conduct war, establish a national court system, make laws necessary and proper to carry out the foregoing powers concurrent powers-tax, borrow money, establish courts, make and enforce laws, charter banks and corporations,spend money for the general welfare, take private property for public purposes with just compensation state (reserve) powers- set time place and manner of elections, ratify amendments to the federal constitution, take measures for public health safety and morals, exert powers the constitution does not delegate to the national government or prohibit the states from using, establish local governments, regulate commerce within a state

unfunded mandates

national laws that direct states or local governments to comply with federal rules or regulations (such as clean air or water standards) but contains little or no federal funding to defray the cost of meeting these requirements

nlrb v jones and laughlin steel co.

new deal relief program called the National Labor relations act of 1935, which authorized collective bargaining between unions and employees in this case

privileges and immunities clause

part of article 4 of the constitution guaranteeing that the citizens of each state are afforded the same rights as citizens of all other states

extradition clause

part of article 4 that requires states to extradite, or return, criminals to states where they have been convicted or are to stand trial

unfunded mandates reform act of 1995

passed by republican controlled congress, prevented congress from passing costly federal programs without debate on how to fund them and addressed a primary concern for state governments

personal responsibility and work opportunity reconciliation act of 1996

passed by republican controlled congress, replaced the existing welfare program (afdc) with a program called temporary assistance for needy families (tanf), tanf returned much of the administrative power for welfare programs to the states and became a hallmark of the devolution revolution

supremacy clause

portion of article 6 of the US constitution mandating that national law is supreme to all other laws passed by the states or by any other subdivision of government

implied powers

powers derived from enumerated powers and the necessary and proper clause; these powers are not stated specifically but are considered to be reasonably implied through the exercise of delegated powers

reserve (police) powers

powers reserved to the states by the tenth amendment that lie at the foundation of a state's right to legislate for the public health and welfare of its citizens

migratory bird treaty of 1918

prohibited the killing or capturing of many species of birds as they made their annual migration across the international boarder from Canada to parts of the US

chief marshall's answers to the two questions raised

questions were 1-did congress have the authority to charter a bank & 2-could a state tax it marshall found that it was reasonable to imply that congress had the power to charter a bank due to the enumerated powers of the constitution which gives congress the authority to levy and collect taxes, issue a currency, and borrow funds. He thought the bank could be considered "necessary and proper" to the exercise of its aforementioned enumerated powers. marshall ruled that the national government was dependent on the people for its powers and that the constitution specifically calls for the national law to be supreme and therefore the state tax violated the supremacy clause because individual states cannot interfere with the operations of the national government

marble cake metaphor

refers to cooperative federalism, a term that describes the intertwined relationship among the national, state and local government; in marble cake wherever you slice through it you reveal a mixture of differently colored ingrediants

layer cake metaphor

refers to the federal system, each level or layer of government (national, state, and local) has clearly defined powers and responsibilities

1997 supreme court case on full faith and credit clause

ruled that the full faith and credit clause mandates that state courts always must honor the judgments of other state courts even if to do so is against state public policy or existing state laws

full faith and credit clause

section of article 4 of the constitution that ensures judicial decrees and contracts made in one state will be binding and enforceable in any other state

powers of the states denied to congress under article 1

states are prohibited from entering treaties, coining money, impairing obligation of contracts, entering into compacts with other states without express congressional approval; states and the national gov are also denied the authority to take arbitrary actions affecting constitutional rights and liberties

federal budget deficit

struggled with $427 billion budget deficit in 2005 which had a number of sources

roger b. taney

successor to chief justice marshall (1835-1863), under his leadership the supreme court articulated the notions of concurrent power and dual federalism

unitary system

system of government where the local and regional governments derive all authority from a strong national government

federal system

system of government where the national government and state governments share some powers, derive all authority from the people, and the powers of the national government are specified in the US constitution; the US was the first country to develop this system of gov

fiscal and economic results of these programs in the short run

tanf and the unfunded mandates reform act of 1995 coupled with a growing economy produced record federal and state budget surpluses; states were in the best fiscal shape since the 70s which allowed states to increase spending or offer tax cuts

george w bush

texas governor who ran against al gore and ran on a platofmr of limited federal government; bush could not have foreseen the circumstances that would surround his presidency- terrorist attacks on world trade center and pentagon, rising costs of education and welfare producing stated and federal budget deficits

dual federalism

the belief that having separate and equally powerful levels of government is the best arrangement

the constitution and local governments

the constitution gives local governments (counties, municipalities, townships, school districts, etc) no independent standings and therefore their authority is not granted directly by the people but through state governments, which establish or charter administrative subdivisions to execute the duties of the state governments on a smaller scale

disputes between states settled by supreme court

the constitution, in order to resolve interstate disputes and facilitate relations among states, provides that disputes between states be settled directly by the US supreme court under its original jurisdiction as mandated by article 3 of the constitution, article 4 requires that each state give full faith and credit to the public acts records and judicial proceedings of every other state

devolution revolution

the contract with america's priority was to scale back the federal government, called a devolution revolution

the supreme court and the national government's ability to regulate commerce

the court developed legal doctrine in a series of cases that reinforced the national government's ability to regulate commerce. beginning in the 1880s the court allowed congress to regulate many aspects of economic relationships, such as monopolies, an area of regulation formerly thought to be in the exclusive realm of the states

tenth amendment

the final part of the bill of rights that defines the basic principle of american federalism and describes the states' powers in greater detail in stating "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."

the taney court era and the role of the supreme court

the issue of slavery made the justice's role as the arbiter of competing national & state interests troublesome

necessary and proper clause today

the necessary and proper clause is used to justify federal action in many areas, including education, health, and welfare. if marshall allowed maryland to tax the federal bank the states could haver attempted to tax all federal agencies located within their boundaries, which would driven the federal gov into insurmountable debt

the new deal and local governments

the new deal programs forced all levels of government to work cooperatively with one another, local governments (mainly in big cities) became a third partner in the federal system as FDR relied on big city democratic political machines to turn out voters to support his programs, for the first time cities were embraced as equal partners in an intergovernmental system and became players in the national political arena

the rehnquist and roberts courts and federalism

the rehnquist court supported congress's devolution revolution but the addition of chief justice john roberts and associate justice samuel alito makes the future direction of the court less certain but in 2002-03 the court took a turn in its federalism devolution revolution

cooperative federalism

the relationship between the national and state governments that began with the new deal

soverign immunity

the right of a state to be free from lawsuit unless it gives permission to the suit; under the 11th amendment all states are considered sovereign

stember v carhart 2000 and 2006 roberts court unanimous decision

the supreme court ruled that the state law limiting partial birth abortions without any provision to save a woman's health was unconstitutional in stember v carhart; in the roberts court the ruling was that states seeking to restrict minors' access to abortion must allow for some exceptions for medical emergencies

gibbons v ogden

the supreme court upheld broad congressional power to regulate interstate commerce. the court's broad interpretation of the constitution's commerce clause paved the way for later rulings upholding expansive federal powers

mcculloch v maryland

the supreme court upheld the power of the national government and denied the right of a state to tax the federal bank using the constitution's supremacy clause. the court's broad interpretation of the necessary and proper clause paved the way for later rulings upholding expansive federal powers; first major supreme court decision of the marshall court to define the relationship between the national and state governments

the supreme court's laissez faire attitude toward the economy

through the mid 1930s the supreme court continued to rule that certain aspects of the new deal went beyond the authority of congress to regulate commerce. the court's hands off attitude toward the economy was reflected in a series of decisions ruling various aspects of new deal programs unconstitutional

massive cuts in domestic programs

to curtail federal spending, reagan proposed massive cuts in federal domestic programs and drastic income tax cuts;

control of programs shift toward washington

unseen since the new deal, federal funds were channeled to states, local governments, and citizen action groups in an effort to alleviate social ills that the states had been unable or unwilling to remedy; these new grants altered the fragile federal/state balance of power that had been at the core of many older federal grant programs