Federalism — Chapter 4

What was McCulloch v Maryland (1819) about? Topic of case, in cause, why important?

- After the war, debts needed to be paid, state banks charged a tax on banks within borders. One did not pay, state of Maryland sued the national bank cashier James Culloch. - The McCulloch decision set a precedent for the expansion of national power and for the role of the court as a referee in the federal system

Powers of National Government

- Borrow and coin money - Levy taxes - Conduct foreign relations - Raise armies, declare war, and make peace - Regulate commerce - Establish post offices - Immigration and naturalization - Operate, establish federal court system - Make laws

What is the Full Faith and Credit Clause? Why important? Examples? Exceptions?

- Each state honors or gives "full faith and credit" to the laws, official documents and court outcomes of other states - Important because you can keep your files and documents if you ever want to move to another state and stay there permanently or temporarily. - If you're married and you move to another state with your spouse, it's put in place so you don't have to go through another marriage ceremony to be legally married.

What are its strengths and weaknesses?

- English model was too strong, Articles of Confederation was too weak.

How do states aid the national govt? Examples?

- National govt demands that states carry out certain policies as a condition of receiving grant money - Sometimes these are "unfunded mandates"

What is the Privileges and Immunities Clause? Why important? Examples of reasonable distinctions?

- No state can draw unreasonable distinctions between its own residents and those persons who happen to live in other states (reasonable distinctions allowed) - It's important because they are able to charge non-residents of their state and restrict them from living a free resident in their state. - Colleges out of state charge more for out of state students because they aren't paying for their taxes

What are denied powers? Examples?

- Powers that neither state or national governments are allowed to have - Tax exports, grant titles of nobility

Expressed Powers

- granted by constitution - ex: The power to tax

Inherent Powers

- historically recognized as naturally belonging to governments that conduct the business of a sovereign nation. - ex: The power to control country's borders

Implied Powers

- not listed, logical extensions of expressed powers - ex: Pass legislation for national Health care

What is the New Deal?

A set of laws that was FDR's response to the Great Depression and plan to get the US out of the depression

What is Federalism?

A system of government in which a written constitution divides the powers of government on a territorial basis between a central or national government & several regional governments usually called states or provinces.

Block grants

A type of federal grants for some particular, but broadly defined, area of public policy. Fewer strings

Dual vs. Cooperative Federalism

Dual - national and state have equal power Cooperative - state and national shared power in functional authority in broad policy areas the New Deal policies, led to the federal government and the states working together more, ending the era of dual federalism and moving America into cooperative federalism.

What three guarantees does the national government owe to the States?

Each state has a republic for of government, protect states from invasion, and respect the territorial integrity.

How are powers divided?

Expressed, Implied, Inherent

How have we moved from dual to cooperative?

The New Deal

What is Extradition? Why important?

The legal process by which a fugitive from justice in one state can be returned to that state. It's important b/c it lets the fugitive that committed a crime stop him/or her from running and be able to be tried under their original state's laws.

How is it related to implied powers? How is it related to expressed powers?

[Congress has the power] to make all laws which shall be necessary and proper into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States.

What grant do the states prefer? Why?

States prefer block grants because there are less strings attached and the money can be used for a broader purpose.

Process of admitting new states

Step 1 - State petitions Congress for admission Step 2 - Congress agrees to framing of proposed Constitution Step 3 - Convention prepares Constitution; popular statewide vote Step 4 - Voters approve; Constitution submitted to Congress Step 5 - Congress agrees to statehood and Constitution; passes act of admission Step 6 - President signs act, new state enters the Union

How do local governments fit into our federal system?

each state outlines a plan for local government. The most important difference is that state government has the power to reorganize local government at any time to better address state needs.

Federal Grants-In-Aid

grants of federal money or other resources to the States and/or their cities, countries or other local units

Categorical grants

grants-in-aid made for some specific, closely defined, purpose. Many conditions attached

Importance of the Supremacy Clause

if there is a conflict between a lower law and higher one, the higher one wins.

What grant does the national gov't prefer? Why?

national government prefers categorical grants b/c those grants are used for specific purposes.

What are concurrent powers? Examples?

power held by the states and the national government Collect taxes, build roads, establish courts, borrow money, pass and enforce laws, regulate education, charter banks and corporations

Republican form of government

powers of sovereignty are vested in the people and are exercised by the people, either directly, or through representatives chosen by the people, to whom those powers are specially delegated.

Protection against invasion and domestic violence (examples?)

protect the states against foreign invasions such as war or terrorism; ex: national guard for each state

Respect existence and boundaries of each state

respect boundaries of each state and to not crossover another state

What are reserved powers? How they are related to the 10th Amendment?

rights given to states or powers given because they are not specifically by constitution but the constitution neither delegates these powers to the national level or prohibits them to the states. The Tenth Amendment was included in the Bill of Rights to further define the balance of power between the federal government and the states. The amendment says that the federal government has only those powers specifically granted by the Constitution.

Delegate

the expressed, implied and inherent powers

16th Amendment

Amendment to the United States Constitution (1913) gave Congress the power to tax income.

Why did the Founders create a federal system?

Founders faced conflit between states interests and need for a strong natonal government.

Project grants

Grants made to states, cities, and even private agencies for specific projects. Competitive application process

Earliest form of grants

Land grants

What powers are denied to the states?

Make treaties Print money Deny rights to citizens

What is the "Elastic Clause"?

Used to stretch the powers of congress