Ap gov chapter 3

what 2 questions did McCulloch v. Maryland center around?

1. did congress have the authority to establish the bank in the first place? 2. did individual states have the authority to tax its branches operating within their borders?

What does the federal government argue in United States versus Lopez?

1: guns in scores, increase violent crime which impact the national economy 2: crime is expensive, and insurance spreads the cost of crime throughout the nation 3: businesses would not want to relocate to high crime areas which impacts interstate commerce

what are pros of categorical grants?

1: read, distributing money between states can reduce inequality among the states 2: these monies can help stay local, and original governments improve the lives of their citizens, in ways that may not be possible without the help of the better government

How did federalism affect the management of COVID-19?

1: the federal government response included, bands on international travel efforts to ramp up testing and legislation, providing financial relief for businesses and citizens 2: governors implemented policies, including stay at home, orders that close schools, and none essential businesses 3: state policies, very depending on the availability of testing the rates of infection hospitalization in death as well as political pressure to reopen

what problems do categorical grants pose for the states?

1: they act as bribes to induce subnational governments to execute national policies at the expense of their own authority 2: officials and citizens of Walthee states worry that their taxes are used to subsidize states that spend less money 3: the uncertainty surrounding the continued provision of the grants, make it harder for states to plan their own budgets 4: the administration of these programs requires a further expansion of the size of both national and state government

What did the defense of marriage act say the word marriage means?

A legal union between one man and one woman as husband and wife

what did the defense of marriage act say Spouse means?

A person of the opposite sex who is a husband or a wife

what is an example of a unfunded mandate?

Americans with disabilities act

What happens in a unitary system?

One central government exercises authority over the subnational governments

what is selective incorporation? where is it said?

it is said in section 1 of the 14 amendments and says that fundamental liberties in the bill of rights are applied to the states on a case-by-case basis

what does social welfare involve?

Health, safety, education, and economic opportunities for citizens

What was the problem with the decision of the Supreme Court in United States versus Windsor?

It did not strike down the other cause of the defense of marriage act that allowed states to reject same-sex marriage licenses from other states

why was obergefell vs hodges important?

It legalize, same-sex marriage nationwide

What did the compassionate use act do?

It made the use and cultivation of marijuana for medical purposes legal if undertaken under the supervision of a licensed physician and in accordance with state regulations.

What is the controlled substance act?

It made the use, cultivation, or possession of marijuana illegal under federal law and was enacted under congresses constitutional authority to regulate interstate commerce.

How did United States versus Lopez get to the Supreme Court?

Lopez moved to dismiss the charges, claiming that the gun free school zone act was unconstitutional, because Congress did not have the power to regulate public schools. The trial court denied the motion, claiming that the gun school free zone was within the powers enumerated to Congress under the constitution because activities within elementary middle and high schools are related to interstate commerce after being tried and convicted Lopez appealed to the US Court of Appeals for the fifth circuit in hopes of reversing the decision by the trial court. Lopez and his lawyers thought that Congress overstepped the enumerated powers granted in the commerce clause in passing the gun free school zone act. The fifth circuit agreed in the conviction was reversed. He then went on to the Supreme Court.

what is the background of United States versus Lopez?

Lopez unders high school with an unloaded. 38 special revolver, and five cartridges he kept in his pocket. He planned to deliver the revolver and ammunition to another student in exchange for $44. Through anonymous sources school authorities were made aware that Lopez was carrying an unloaded revolver and confronted Lopez about the accusations. After admitting that he was carrying a firearm in ammunition Lopez was charged under a Texas state law, which prohibited firearms in schools. The state charges were dropped, and Lopez was then charged with violating the federal gun, free school zone act

What happens in a federal system?

Power is divided between the states and national government and each level of government retains some exclusive powers and has some powers denied to it and they have constitutional protections for each level against encroachment on its powers by other levels.

What are exclusive powers?

Powers that only the national government may exercise

What is ex post facto law?

Punishes a person for an act that was legal before the new law was passed

what was made clear in the defense of marriage act?

Same sex marriage does not fall under the protection of the full faith and credit clause

What happens during the latter part of the 19th century and early decades of the 20th?

States in the national government moved away from dual federalism toward a system of cooperative federalism

What are examples of federal systems?

The U.S., Mexico, nigeria, russia.

What are examples of unitary systems?

The UK, China, Iran

what did Roosevelt know the states could not refuse?

The big psalms of federal aid that he offered, even if excepting financial aid meant, trading away some of their authority. this fundamentally change the relationship between the states, and the national government dramatically strengthening the role of the national government in the economy.

What happens in a confederal system?

The subnational governments have more power than the national government and the national government are heavily dependent upon the states to carry out and pay for public policies.

what did the supreme court say in US vs. Darby?

They interpreted the 10th amendment as truism meaning that is was not supposed to give the states and people powers the supersede those of the national government

what has congress done through the commerce clause?

claimed the authority to define nearly any productive activity as commerce

what did the supreme court rule in Garcia vs. San Antonio Metro Transit Authority?

congress could decide when to regulate activities by state and local governments

What are examples of confederal systems?

United States under the articles of confederation, Switzerland.

Background for US versus Windsor

Windsor's wife Spyer passed away. they were married in Canada two years before, and their same-sex marriage have been recognized as valid by New York their state of residence. Windsor and Spyers marriage was not considered legal under federal law after her wife died Windsor was not entitled to the same federal tax provisions granted, surviving spouses in opposite sex marriages. Windsor had to pay more than $350,000 in federal estate taxes would help, especially from the LGBT community center in New York City. She sued the federal government, claiming her rights, a-ha, for her marriage recognized as legal under federal law, into the equal protection principles that the court has found in the fifth amendment due process clause.

who is john marshall?

a chief justice of the supreme court from 1801 to 1835 who issued several of the most important decisions that define american federalism

what did the 13th amendment do?

abolished slavery

background for obergefell vs hodges

after a decades, on commitment to each other, Obgerfell married Arthur on the tarmac of a Maryland airport. The two men lived in Ohio, which did not recognize same-sex marriage so they flew to Maryland which did Arthur was struggling with ALS. when Arthur died from his disease, the Ohio law did not permit obergefell to be listed as a surviving spouse on Arthur's death certificate. obergefell sued.

what do concurrent powers do?

allow national and state authority to overlap

What decision did the supreme court make in United States versus Lopez? What was the vote?

and I 5-4 decision the Supreme Court upheld the ruling of the fifth circuit finding the possession of a gun in a local school zone is in no sense, an economic activity that might substantially affect any sort of interstate commerce

what powers does the constitution prohibit from the national government?

bills of attainder, ex post facto laws, writ of habeas corpus, admitting new states to the union without consent of the territory's residents, changing state boundaries without the consent of the states citizens, imposing taxes on goods and services exported and imported between states

what was the main question in gonzales v raich?

can the power of the federal government to ban marijuana under controlled substances act supersede California is legalization of medical marijuana?

what did Windsor's case in Windsor versus US challenge the Constitutionality of

defense of marriage act

what does the supremacy clause do?

establishes the constitution and the laws of the federal government passed under its authority as the highest laws of the land meaning that states must abide by the laws passed by congress, even it the state constitutional provisions conflict with them

What does Lyndon Johnson's great society program do?

expanded the federal government's role in social welfare policy in part to ensure that states use these funds as intended and does not discriminate against minorities

what type of federalism is grants in aid known as?

fiscal federalism

what was the ruling in the Gitlow case?

freedom of speech and the press are fundamental liberties protected by the due process, clause from violations by the states. This limited states actions, and taking away the personal freedoms guaranteed in the first amendment.

What did the 15th amendment do?

gave African American men the right to vote

what does the necessary and proper clause do?

gives congress the power to make all laws that are necessary and proper for carrying out its enumerated powers listed in the constitution granting congress the authority to legislate as necessary for carrying out its constitutionally granted powers

What is a writ of habeas corpus?

giving defendants the right to be informed of the charges and evidence against them

what does the commerce clause do?

grants congress the power to regulate commerce with foreign nations, states, and the indian tribes

What was justice Breyer's opinion in United States versus Lopez?

he said that gun violence could influence interstate commerce in education, and that of court Chennai examined alone, isolate a case of regulation, but rather the over arching effect of firearms on education. she said that Congress could have reasonably concluded that guns in schools, undermine educational opportunities in pairing commerce nationwide. Although education is more than economics, he has started. The education has long been inextricably intertwined with the nations economy

what was marshall's ruling to the question "did individual states have the authority to tax its branches operating within their borders?" in McCulloch v. Maryland?

he said that states do not have the authority to tax the bank's state branches arguing that the power to tax involved the power to destroy meaning that the state governments have no right to tax any of the constitutional means employed by the government of the union to execute its constitutional powers

What was the vote in decision in United States versus Windsor?

in a 5-4 decision, the Supreme Court ruled that the section of the defense of marriage act classifying only opposite sex, marriages as legal under federal law was unconstitutional

what was the decision and vote in obergefell vs hodges?

in a 5-4 vote, the Supreme Court affirms the legality of obergefell an author's marriage, and guarantee the right of all couples to marry

what was the division and vote in gonzales vs raich?

in a 6-3 vote, the court sided with the authority of the federal government, and that of Congress under the commerce and supremacy clause in the constitution. The Supreme Court determined that I did not matter whether raich or monson are personally involved in interstate commerce because Congress had a rational basis for concluding that the market for marijuana as a whole substantially impacted interstate commerce

why was the elementary and secondary education act passed?

in an effort to provide equal educational opportunities, particularly for students living in low income areas by providing federal grant money for the states to create programs that would reduce dropout rates and improve schools

what effect did the great depression have on American federalism?

increase the power of the national government and change the nature of federalism when the 1920 Boomtimes increased the states spending making the states borrow large amounts of money, and not being able to care for their citizens. This made states and local governments appeal to the national government for help

what was the question presented in Supreme Court for United States versus Lopez?

is the 1990 gone through school zones at her bedding, individuals from knowingly, carrying a gun in a school zone unconstitutional because it exceeds the power of Congress to legislate under the commerce clause?

what does a block grant do?

it is a type of grant in aid that provides federal money for public policies, in a way that tries to increase state, local and regional authority, and how that money is spent in lessen federal influence

What does the every student succeeds act do?

it replaced the no Child left behind act and gave states more latitude and setting educational standards, but retain mandatory standardized testing

why is the supreme courts decision in United States versus Lopez important?

it reverses the trend toward expanding national power and reaffirms state police powers under the 10th amendment

what did justice brown say about Plessy vs. Ferguson?

lousianan's law did not violate the 14th amendment

what was marshall's decision for Gibbons vs. Ogden?

marshall affirmed the exclusive authority of congress to regulate interstate commerce under the commerce clause

what/how did Marshall cite to answer the question "did congress have the authority to tax its branches operating within their borders?" in McCulloch v. Maryland? what was his answer to this question?

marshall cited the necessary and proper clause ti affirm the right of congress to establish the bank by saying that the right to establish the bank was a valid implied power of congress, even though the right to create a national bank is not explicitly given in the text of the constitution

what are grants in aid?

money provided to states by the federal government to carry out a policy that the national government has decided is important.

how or categorical grants in aid important source of national power?

once state, local and regional government except the funds, they also accept the national regulation that goes along with taking the money

What did supreme court do in loving versus Virginia?

overturned of Virginia law, prohibiting, interracial, marriage

background for Plessy vs. Ferguson

plessy a "lightskinned man who described himself as 7/8 caucasian" had been arrested and fined for violating a state law requiring a separate railroad facilities for whites and african americans

what are examples of reserved powers?

police powers, conducting elections, establish local, town, county and regional government bodies, the final say on whether an amendment will become part of the constitution, a constitution can not be amended without the consent of 3/4 of the states

what are examples of exclusive powers?

power to coin money, declare war, raise and support an army and navy, make treaties, provide the naturalization of american citizens, regulate interstate and foreign commerce

What are enumerated/expressed powers?

powers granted to the national government in the constitution. these include exclusive powers.

what are reserved powers?

powers not given to the national government and are retained by the states

what are implied powers?

powers not specifically granted to the federal government in the constitution

What does dual federalism do?

presumes a distinct, though not complete, separation between the federal and state governments, as if both operate side by side with relatively little interaction between the two.

what does the privileges and immunities act do?

prevents states from discriminating against people from out of state

What do categorical grants do?

provide money to states or to local original government for specific policy objectives, and with certain conditions attached to receiving or spending the funds

what did the no child left behind act do?

provided states with grant money if they agreed to give standardize assessment test to students at certain grade levels

what does the full faith credit clause do?

requires states to recognize the public acts, records, and civil court proceedings from another state

what does the 10th amendment do?

reserves powers not delegated to the national government to the states and the people on the basis of federalism

what does devolution do?

returns authority for federal programs the states by increasing the states autonomy in economic and social policy by essentializing control in administration of programs

What did the 14th amendment do?

section 1: all persons born in the US are citizens meaning that southern states cannot deny citizenship to former slaves. section 2: the equal protection clause meaning that states cannot deny persons equal protection under the laws. section 3: due process clause prevented states from denying persons due process under the law.

what programs to find modern cooperative federalism?

social Security act, the works progress administration.

what are examples of concurrent powers?

taxation, borrowing money, pass and enforce laws, create and operate systems of courts, charter banks and corporations

background on McCulloch v. Maryland

the case centered on the second bank of the US, a national bank chartered by congress, whose charted has been left to expire amid a "debate about its constitutionality". then, several states, including maryland, passed laws to tax the second bank of the US. bank officials in maryland refused to pay the state tax, and the dispute went to the US supreme court.

what is extradition?

the requirement that officials in one state return a defendant to another state where a crime was allegedly committed

what is the overall decision by the supreme court in McCulloch v. Maryland?

the states and people ceded some of their sovereignty to the national government in ratifying the constitution

What happened as america industrialized?

the states and the national government attempted to regulate wages, working conditions, and the right to unionize. However, the supreme court struck down many of these efforts, including initial efforts to regulate child labor. the court ruled that such efforts violated the constitution's protection of the liberty of contract.

What do the 13th, 14th, and 15th amendments all have in common?

they limit the ability of states to discriminate against their citizens

background for Gibbons vs. Ogden

this case arose from a battle between two powerful businessmen in the steamboat business in new york and new jersey. Ogden had been granted a monopoly by a new york state law that protected his routes within new york and between new york and new jersey. gibbons was a steamboat operator who has been granted a license by the federal government to operate on the same route. gibbons filed suit to block the monopoly that the state of new york had granted ogden.

what did Richard Nixon promise when he was elected president?

to roll back the expansion of national authority and return, at least some of the power to the states

what was the decision vote in McCulloch v. Maryland?

unanimous

what was the vote for Gibbons vs. Ogden?

unanimous

what is the type of relationship between states and local governments?

unitary

What is cooperative federalism?

when both levels work together in the same areas of public policy, but do not generally play the same roles. instead, the national government tends to be responsible for raising revenues and setting standards while state and local governments remain primarily responsible for administering the programs.

when does revenue sharing occur?

when the federal government abortions tax money to the states, with no strings attached allowing the states to use these federal funds for any governmental purpose

what are unfunded mandates?

when the federal government requires states to pay for programs without providing funds

what is bills of attainder?

when the legislature declares someone guilty without a trial