Unit 4: Federalism (AP Gov)

What is Dual Federalism?

"Layer cake" federalism where national and state government have their own powers and don't mix

What is Cooperative Federalism?

"Marble cake" federalism where the national government takes the lead and works with the state government

Describe McCulloch v. Maryland and its significance.

-A national bank was created in Maryland, and Maryland challenged the constitutionality of this. -The Supreme Court ruled that the national government was allowed to create the bank through implied powers. They also stated that the bank could not be taxed by Maryland because of the supremacy clause. States cannot tax federal institutions because a right to tax means a right to destroy, which is not allowed.

Describe Gibbons v. Ogden and its significance.

-Aaron Ogden had a monopoly on transporting people across the Hudson from New York. Thomas Gibbons had a license to operate a ferry from the national government. Ogden sued Gibbons and won because New York had issued him the monopoly. Gibbons went to the Supreme Court. -This was the first case to overrule a state court decision. The Court believed this was an interstate dispute.

The authority of the national government grew from 1789-1830. Why?

-Adoption of the Constitution -Hamilton's Financial Plan (buying the national debt) -Louisiana Purchase -War of 1812 (nationalism)

What are the characteristics of a unitary system?

-All laws are made in the central government -Central government gives power to subnational governments

The authority of the states grew from 1829-1837. Why?

-Andrew Jackson paid the national debt and closed the national bank -The states fought against the national government (slavery and tariffs) -The South seceded from the Union

What are the characteristics of a federal system?

-Authority divided between national and state powers -Written constitution -Governments have distinct powers that the other cannot override -Every federal system is different

What is beneficial about a federal system?

-Combines strong central government with state traditions -Brings government close to the people in a large geographical country -Allows for political subcultures -State governments are used as testing grounds and are training for future national leaders

The authority of the states grew from 1981-present. Why?

-Conservative approach to government -Conversion to block grants -Supreme Court sides with the states

The authority of the states grew from 1876-1932. Why?

-Dual Federalism -Weak presidents -Supreme Court defended state rights (limits government power over commerce)

What were the overall accomplishments of the national government?

-Economic Relief (New Deal and Social Security) -Civil Rights -War on Poverty (Great Society) -Labor Laws -Pollution/Environmental Laws

What are the characteristics of a confederation?

-Final authority rests in the states -Limited national government -"League of independent states"

What are examples of prohibited powers?

-Importation of Slaves -Suspending Habeas Corpus -Bill of Attainder -Ex-Post Facto Laws -Export taxes -Titles of nobility

What are the arguments against federalism?

-Large, powerful states can block smaller states -Inequalities across states (education, income, health care) -Expansion of national power is dangerous

What are examples of current confederations?

-Switzerland -USA (under Articles) -European Union (economic) -United Nations

The authority of the national government grew from 1933-1980. Why?

-The New Deal brought about an expanded role for national government -Cooperative Federalism

The authority of the national government grew during the Civil War and Reconstruction. Why?

-The war effort brought a billion dollar budget, an income tax, and conscription -Amendments to the Constitution were added (13th: abolished slavery; 14th: defined U.S. citizens; 15th: provided rights to freed slaves)

What are examples of current federal systems?

-USA -Australia -Brazil -Canada -Germany -India -Mexico

How were these three questions answered?

1. Any transaction of value became the definition of commerce. 2. The federal government can regulate intrastate commerce when it touches interstate commerce. 3. An exclusive power- states have no authority over interstate commerce.

What are the three types of power that the Constitution specifies?

1. Powers of national government 2. Powers of states 3. Prohibited powers

What two laws was Lopez charged with violating, and what happened to those charges?

1. Texas law against guns in schools (dropped) 2. Gun Free School Zone Act (sentenced)

What were the three key questions of Gibbons v. Ogden?

1. What is the definition of commerce? 2. Does the federal government's authority to regulate interstate commerce extend to intrastate commerce? 3. Is the power to regulate interstate commerce a concurrent power or is it a power exclusive to the federal government?

What is a horizontal check?

Checks and balances between branches of a government on the same level (how the states deal with each other)

What is a federal mandate?

A federal program that the state must carry out -EX: Americans with Disabilities Act, Medicaid

What is a block grant?

A grant from the national government that a local authority can allocate to a wide range of services

What is federalism?

A political system where the national government divides power with the state governments

What is the United States evolving towards?

A unitary government

What is an unfunded mandate?

An unfunded federal program that the state must carry out

What is an example of an inherent power?

Controlling immigration

What is the Full Faith and Credit Clause?

Each state must recognize the laws and legal proceedings of the other states

What is a categorical grant?

Federal grants given for specific purposes

How do you implement cooperative federalism?

Grants and mandates

Why did Lopez challenge his conviction?

He believed Congress was overstepping their power with the Gun Free School Zone Act because schools were controlled by state governments.

What is an example of a reserved power?

Intrastate commerce

Why did the U.S. create the federal system?

Necessity is the mother of invention. The Articles were not working, and monarchy was not an option.

What are the enumerated powers?

Powers belonging only to the federal government stated by the Constitution (Article 1, Section 8)

What are the inherent powers?

Powers claimed by a president that are not expressed in the Constitution but are inferred from it

What are the reserved powers?

Powers given to the state governments (Tenth Amendment)

What are the implied powers?

Powers not specifically mentioned in the Constitution (Necessary and Proper Clause; Article 1, Section 8, #18)

What are the prohibited powers?

Powers prohibited to the national government (Article 1, Section 9)

What are the concurrent powers?

Powers shared by the federal and state governments

What is an example of an enumerated power?

Regulating commerce

What does Article IV do?

Resolves potential problems between states -EX: Full Faith and Credit Clause, privileges and immunities, interstate extradition, republican form of gov, admission of new states

What is a formula grant?

Revenue sharing -A formula is used to determine the amount of aid necessary for a state (isn't consistent across state borders)

Why is a written constitution necessary in a federal system?

So we cannot make it up as we go and it doesn't change every time a new leader is elected

What is an example of a concurrent power?

Taxation

How did the Supreme Court rule in U.S. v. Lopez? Why?

The Court ruled with Lopez against Congress because they believed Congress had overstepped its power under the commerce clause.

Who invented the federal system?

The United States

Describe U.S. v. Morrison.

The Violence Against Women Act was a federal law based on the commerce clause (women would not buy things if they were afraid). However, this stretched the commerce clause too far, and the law was struck down.

What is a vertical check?

The divide between national and state governments (To stop the national government from becoming too powerful)

What is a program grant?

The state requests funds for a program that they came up with but can't afford

Why could categorical grants be bad?

They are wasteful

What system does the majority of the world use?

Unitary system

What is federalism a compromise between?

Unitary system and confederation