Unit 2: Federalism Key Terms

Grants in Aid

'Grant-In-Aid' A transfer of money from the federal government to a state government, local government or individual person for the purposes of funding a specific project or program. The federal government gets this money from income tax revenues. Issue: Whether Congress can regulate homegrown medical marijuana consumed at home pursuant to the interstate commerce clause. Holding: Yes, law upheld. Congress may regulate intrastate activity where the behavior, in the aggregate, can impact interstate commerce. The court should not necessarily look for a substantial impact, but only should require that a "plausible story" be told to uphold Congressional action pursuant to the commerce clause. The plausible story in this case is that the federal government cannot rightly distinguish between marijuana grown in one's own home and the marijuana sold in interstate commerce (clearly a constitutionally authorized regulation, according to the court). In order to regulate the latter, Congress must be able to regulate the former (grown in one's own home).

Inherent powers

-powers that are necessary for a branch of government to get its jb done. Inherent powers are those powers that Congress and the president need in order to get the job done right. Although not specified in the Constitution, they are reasonable powers that are a logical part of the powers delegated to Congress and the president.

enumerated powers

17 specific powers granted to Congress under Article I, section 8, of the U.S Constitution, these powers include taxation, coinage of $, regulation of commerce, and the authority to provide for a national defense.

United States v. Morrison

2000, 5-4 vote, Does Congress have the authority to provide a federal remedy for victims of gender-motivated violence under the commerce clause of the 14th Amendment? No , portions of Violence Against Women Act were found unconstitutional. ______ Something to do with Lopez Facts: Defendant was sued by a female who accused him of rape. Defendant was not convicted at trial. The Violence Against Women Act states "all persons within the United States shall have the right to be free from crimes of violence motivated by gender." It provided that people could sue when they were victims of gender oriented violence. Issue: Whether Congress may pass a law that provides for a civil remedy for gender-oriented violence pursuant to the inter-state commerce power. Holding: No, VAWA invalidated. The court argued that there are enumerated powers given to the federal government, and that some matters are inherently local. Prior court decisions (Lopez) invalidated Congress's ability to regulate interstate activity pursuant to the interstate commerce clause, where the activity was not "directly commercial or economic." Despite the Plaintiff's argument that the aggregation of gender oriented violent acts amounted to a substantial impact, the Court stated that the economic impact of the crimes was too indirect to utilize commerce clause authority. The court stated that the distinction between economic/commercial and non-economic/non-commercial was important to sustain principles of federalism and local/state general police power. If the court did not distinguish between the two, Congress would have limitless authority to regulate essentially anything, because nearly anything can be said to have an indirect impact on commerce if considered in the aggregate.

Revenue sharing

A law providing for the distribution of a fixed amount or share of federal tax revenues to the states for spending on almost any government purpose. Distribution was intended to send more money to poorer, heavily taxed states and less to richer ones.

Intergovernmental lobbies

An interest group made up of mayors, governors, and other state and local officials who depend on federal funds. federalism The division of power between a national government and regional (state) governments. grants-in-aid Federal funds provided to states and localities. intergovernmental lobby Lobbying activities by state and local officials who establish offices in Washington, D.C., to compete for federal funds.

Article IV

Article Four of the United States Constitution outlines the relationship between each state and the others, as well as between the several States and the federal government. Section 1:Full Faith and Credit Clause Section 2: Rights of state citizens; rights of extradition clause 1-privileges and immunities clause clause 2-extradition of fugitives clause 3-fugitive slave clause Section 3: New States and Federal Property Clause 1-New States Clause 2-Property clause Section 4:Obligations of the United States Clause 1-Republican Government Clause 2: Protection from invasion and domestic violence

Gonzales v. Raich

California passed the "Compassionate Use Act," which allowed for the use of medical marijuana. The Defendants were compliant with state laws when arrested, but guilty under federal DEA laws at the time. The Defendant sued the Attorney General, arguing that Congress had exceeded their interstate commerce clause authority in legislating the behavior of a local citizen, consuming a locally grown herb in his own home.

Competitive Federalism

Competitive Federalism is the powerful harnessing of our tri-partite sovereignty system that allows states to compete with each other over a broad range of issues to provide citizens with the best value goods and services at the lowest cost. Views the national government, 50 states, and thousands of local governments as competing with each other over ways to put together packages of services and taxes. Applies the analogy of the marketplace: we have some choice about which state and city we want to "use", just as we have choices about what kind of telephone service we use.

Dred Scott v. Sandford 1857

During the Taney Court era, the comfortable role of the Supreme Court as the arbiter of competing national and state interests became troublesome when the justices were called upon to deal with the controversial issue of slavery. In cases such as 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 generally were settled in favor of slavery and states' rights within the framework of dual federalism. In Dred Scott, the Taney Court in declaring the Missouri Compromise unconstitutional, ruled the Congress lacked the authority to ban slavery in the territories. This decision seemed to rule out any nationally legislated solution to the slavery question, leaving the problem in the hands of the state legislatures and the people, who did not have the power to impose their will on other states.

Reagan Revolution

In 1980, former California Governor Ronald Reagan was elected president, pledging to advance what he called NEW FEDERALISM and a return o power to the states. Many Democrats and liberal interest groups argued that grants-in-aid were an effective way to raise the level of services provided to the poor, others, including Reagan, attacked them as imposing national priorities on the states. Policy decisions were made at the national level. The states, always in search of funds, were forced to follow the priorities of the national government. States found it very hard to resist the lure of grants, even though many were contingent on some sort of state investment of matching or proportional funds. Shortly after taking office, Reagan proposed massive cuts in federal domestic programs and drastic income tax cuts. The Reagan administration's budget and its policies dramatically altered the relationships among federal, state, and local governments. For the first time in 30 years, federal aid to state and local governments declined. Reagan persuaded Congress to consolidate many categorical grants (for specific programs that often require matching funds) into far fewer less restrictive block grants-broad grants to states for specific activities such as secondary education or health services, with few strings attached. He also ended general revenue sharing, which had provided significant unrestricted funds to the states. By the end of the presidencies of Reagan and George Bush, most block grants fell into one of four categories: health, income security, education, or transportation. Yet, many politicians, including most state governors, urged the consolidation of even more programs into block grants. Calls to reform the welfare system, particularly to allow more latitude to the states in an effort to get back to the Hamiltonian notion of states as laboratories of experiment, seemed popular with citizens and governments alike. New federalism had taken hold.

Constitutional origins of Federalism

In their attempt to balance order with liberty, the Founders identified several reasons for creating a federalist government: to avoid tyranny to allow more participation in politics to use the states as "laboratories" for new ideas and programs. As James Madison pointed out in The Federalist, No. 10, If "factious leaders kindle a flame within their particular states," national leaders can check the spread of the "conflagration through the other states." So federalism prevents a person that takes control of a state from easily taking control of the federal governments as well. Electing both state and national OFFICIALS also increases the input of citizens into their government. And if a state adopts a disastrous new policy, at least it would not be a catastrophe for everyone. On the other hand, if a state's new programs work well, other states can adopt their ideas and adjust them to their own needs. The Constitution gives three types of power to the national government: 1. DELEGATED (sometimes called enumerated or expressed) powers are specifically granted to the federal government in Article I, Section 8 of the Constitution. This includes the power to coin money, to regulate commerce, to declare war, to raise and maintain armed forces, and to establish a Post Office. In all, the Constitution delegates 27 powers specifically to the federal government. 2. IMPLIED POWERS are not specifically stated in the Constitution, but may be inferred from the elastic (or "necessary and proper") clause (Article I, Section 8). This provision gives Congress the right "to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and other powers vested in the government of the United States." Since these powers are not explicit, the courts are often left to decide what constitutes an implied power. 3. INHERENT POWERS are not specifically listed in the Constitution, but they grow out of the very existence of the national government. For example, the United States has the power to acquire territory by exploration and/or occupancy, primarily because most governments in general claim that right. The Constitution also identifies RESERVED POWERS, which are set aside for the states. Unlike delegated powers, they are not listed specifically, but are guaranteed by the TENTH AMENDMENT: "The powers not delegated to the United States by the Constitution, not prohibited by it to the States, are reserved to the States respectively, or to the people." Some traditional reserved powers include regulating trade within a state, establishing local government, and conducting elections. Some powers of federal and state governments overlap. For example, both may — and do — levy taxes, make and enforce laws, and borrow money. These concurrent powers are not granted exclusively to the national government, nor are they denied the states. Prohibited powers are denied either to the national government, state governments, or both (Article I, Section 9.) For example, the national government cannot exercise its powers in such a way as to interfere with the states' abilities to perform their responsibilities. States cannot tax imports or exports, nor can they coin money or issue bills of credit. States also have responsibilities to one another, as explained in Article IV of the Constitution. One provision is that each state must give "FULL FAITH AND CREDIT" to the public acts, records, and civil judicial proceedings of every other state. Business contracts, then, are recognized by all states, as are marriages. Extradition, the legal process in which an accused criminal is returned to the state were the crime was committed, is also required by Article IV. The founders very carefully divided powers between federal and state governments. They were responding to both the colonial aversion to the tyranny of King George III as well as the failure of the Articles of Confederation. Their careful separating and blending of state and national powers guarded against tyranny, allowed for more citizen participation in government, and provided a mechanism for incorporating new policies and programs.

Plessy v. Ferguson 1896

Plessy challenged a Louisiana statute requiring that railroads provide separate accommodations for blacks and whites. The Court found that separate but equal accommodations did not violate the equal protection clause of the Fourteenth Amendment.

UMRA (Unfunded Mandates Reform Act)

Republicans secured passage of the Unfunded Mandates Reform Act of 1995. This act prevented Congress from passing costly federal programs without debate on how to fund them and addressed a primary concern for state governments because unfunded mandates had cause a problem for them. Unfunded mandates were national laws that direct states or local governments to comply with federal rules or regulations (such as clean air or water standards) but contain no federal funding to defray the cost of meeting these requirements. These absorbed nearly 30% of some local budgets.

Commerce Clause

The Commerce Clause refers to Article 1, Section 8, Clause 3 of the U.S. Constitution, which gives Congress the power "to regulate commerce with foreign nations, and among the several states, and with the Indian tribes."

Printz v. United States 1997

The Court found that Congress lacks the authority to compel state officers to execute federal laws, specifically relating to background checks on handgun purchasers

United States v. Lopez 1995

The Court invalidated section of the Gun Free School Zones Act, ruling that regulating guns did not fall within the scope of the commerce clause, and therefore the powers of the federal government. Only states have the authority to an guns in school zones.

Gibbons v. Ogden (1824)

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.

Express powers

Those powers of Congress specifically listed in the Constitution.

Brown v. Board of Education

U.S Supreme Court decision holding that school segregation is inherently unconstitutional because it violates the Fourteenth Amendment's guarantee of equal protection; marked the end of legal segregation in the United States.

Layer Cake Federalism

Views the Constitution as giving a limited list of powers—primarily foreign policy and national defense—to the national government, leaving the rest to the sovereign states. Each level of government is dominant within its own sphere. The Supreme Court serves as the umpire between the national government and the states in disputes over which level of government has responsibility for a particular activity./Dual Federalism

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 a judicial trial

Delegated powers

also called enumerated powers, they are those which are specifically listed in Article I section 8 of the Constitution as being granted to the Congress

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.

Sixteenth Amendment

authorized Congress to enact a national income tax

block grant

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

interstate compacts

contracts between states that carry the force of law; generally now used as a tool to address multi-state policy concerns

tyranny

cruel and oppressive government or rule

Elastic clause

elastic clause. noun. a statement in the U.S. Constitution (Article I, Section 8) granting Congress the power to pass all laws necessary and proper for carrying out the enumerated list of powers.

New Federalism

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

categorical grant

grant for which Congress appropriates funds for a specific purpose

ex post facto laws

law passed after the fact, thereby making previously legal activity illegal and subject to current penalty, prohibited by the U.S Constitution

Seventeenth Amendment

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

confederation

national government derived all of its powers from the states

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 contain no federal funding to defray the cost of meeting these requirements

privileges and immunities clause

part of Article IV o the Constitution guaranteeing that the citizens of each state are afforded the same rights as citizens of all other states.

full faith and credit clause

portion of Article IV of the Constitution that ensures judicial decrees and contracts made in one state will be binding and enforceable in any other state

supremacy clause

portion of Article VI of the U.S Constitution mandating that national law is supreme to (that is, supersedes) all other laws passed by the states or by any other subdivision of government

reserve (or 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

"Contract with America"

proposed by then House Minority Whip Newt Gingrich was a campaign document signed by nearly all Republican candidates and incumbents seeking election to the House of Representatives in 1994. In it, Republican candidates pledged to force a national debate on the role of the national government in regard to the states. A top priority was scaling back the federal government, an effort that some commentators called the Devolution Revolution. Running under a clear set of priorities contained in the Contract, Republican candidates took back the House of Representatives for the first time in more than 40 years. A majority of the legislative proposals based on the Contract passed the House of Representatives during the first one hundred days of the 104th Congress. However, very few of the Contract' proposals, including acts requiring a balanced budget and tax reforms, passed the Senate and became law.

Mandates

rules imposed by the federal government on the states as conditions for obtaining federal grants or requirements that the states pay the costs of certain nationally defined programs.

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 derive all authority from the people

McCulloch v. Maryland (1819)

the Supreme Court upheld the power of the national government and denied the right of a state to tax the bank. The Court's broad interpretation of the necessary and proper clause paved the way for later rulings upholding expansive federal powers

dual federalism

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

"Devolution Revolution"

the current effort to scale back the size and activities of the national government and to shift responsibility for a wide range of domestic programs from Washington DC to the states, In recent years these areas have included welfare, health care, and jobs

necessary and proper clause

the final paragraph of Article I, section 8, of the U.S 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 the elastic clause. Provides flexibility to Congress

Tenth Amendment

the final part of the Bill of Rights that defines the basic principle of American federalism 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, are reserved to the states respectively or to the people.

Extradition

the procedure by which a state or nation, upon receipt of a formal request by another state or nation, turns over to that second jurisdiction an individual charged with or convicted of a crime in that jurisdiction.

cooperative federalism

the relationship between the national and state governments that began with the New Deal

Sovereign 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

implied powers

these powers derived from enumerated powers and the necessary and proper clause are known as implied powers

Marble Cake Federalism

wherever you slice through it you reveal an inseparable mixture of differently colored ingredients...vertical and diagonal lines almost obliterate the horizontal ones, and in some places there are unexpected whirls and an imperceptible merging of colors, so that it is difficult to tell where one ends and where the other begins"=cooperative federalism=the relationship between the national and state governments that began with the New Deal. States began to take a secondary, albeit important, cooperative role in the scheme of governance, as did many cities. Nowhere is this shift in power from the states to the national government clearer than in the growth of federal grant programs that began in earnest during the New Deal. The tremendous growth in these programs, and in federal government spending in general, changed the nature and discussion of federalism from "How much power should the national government have?" to "How much say in the policies of the states can the national government buy?"During the energy crisis, the national government initially imposed a national 55 mph speed limit on the states, for example. Subsequent efforts forced states to adopt minimum age drink restrictions in order to obtain federal transportation funds.