Federalism Study Guide
Grants in Aid
money given by the national government to the states
Block Grant
money given to states for general programs within a broad category; states can spend the money *at their own discretion* for the most part; EX: *Temporary Assistance to New Families (TANF)*: general funding assistance for poor people (because this is a block grant, the states can spend the money they get through this program on pretty much anything that is anti-poverty)
Categorical Formula Grant
money given to the states for a *specific project*; sometimes *shared cost*; EX: airport, *interstate highways*
Confederal System
a government in which the *sub-national* governments maintain *sovereignty* and can have even *more power* than the national government; EX: *Articles of Confederation*
Federal System
a government with *national and sub-national levels*; the role of the sub-national government is *guaranteed* (based on the 10th amendment); in the US, the states have control over different policies but the federal government is still *supreme*
Unitary System
a government with only *one level*; most common in the world
Extradition
example of *Horizontal Federalism*; under the *Full Faith and Credit Clause*; when states have to *return a criminal* to the state where the crime was committed
Privileges and Immunities
example of *Horizontal Federalism*; visitors to states receive the same __________ & __________ as the people living in the state; visitors live under *new state laws*; EX: you can buy fireworks in different states, you can gamble in Las Vegas (Nevada); >>>THIS IS THE REASON FOR *NATIONAL STANDARDS* > the government doesn't want too much border crossing
10th amendment
gave states *reserved powers*; these are powers not specifically granted to the federal government or denied to the states
Horizontal Federalism
state to state relations; horizontal because the level of government doesn't move up; EX: *Full Faith and Credit Clause, Extradition,* and *Privileges and Immunities*
What are the arguments in support of giving more power to the state governments?
states are *closer to the people* and people have more influence on state decisions so they are technically, *more democratic*
US vs Lopez
the Supreme Court ruled that Congress had *exceeded its constitutional authority* under the Commerce Clause when it passed a law *prohibiting gun possession* in local school zones; this was the first case in which the *COMMERCE CLAUSE LOST* in a long time
Cross Over Sanction
when the federal government uses federal grant dollars in one program to influence state and local policy in another (example: highway funds and drinking age); money to one program based on the *conditions of another*; EX: federal money for highways based on the condition that states change their legal drinking age
Implied Powers
powers given to congress by the *necessary and proper clause* in order for them to carry out their enumerated powers
Unfunded Mandates
regulations or conditions for receiving grants that impose costs on state and local governments for which they are not reimbursed by the federal government; this is one of the main sources of *state opposition* to strong central government; this can also cover expansions
What has been the role of the commerce clause?
(1) Commerce Clause is written and Congress has the power to regulate interstate commerce; (2) Gibbons v. Ogden (1824): broadly defines commerce; (3) >>>THE COMMERCE CLAUSE WAS USED TO UPHOLD THE *CIVIL RIGHTS ACT OF 1964*<<<, EX: *Heart of Atlanta Motel v. US* (motel tries to deny service, hurts commerce); (4) used to uphold a lot of New Deal and Great Society programs; (5) US v. Lopez (first case lost); (6) National Federation of Independent Business v. Sebelius (Obamacare is not upheld by the commerce clause)
What are the benefits of having a federal system?
(1) Having a higher level of government above lower levels helps provide *unity*; EX: Clean Air Act; (2) Allows lower levels of government to *customize their laws* based on the wants and needs of it's citizens; EX: allowing gambling, fireworks, death penalty, etc; (3) provides *increased access* to government because there are different levels of government to influence; (4) a national government can *provide assistance* to the whole country (individual states aren't the only ones responsible for themselves); EX: natural disasters, border patrol; (5) >>> states are the *"Laboratories of Democracy"*; states can experiment with policy and it can trickle to other states or the national government; EX: states can tweak the minimum wage + *OBAMACARE* (Affordable Care Act) was modeled after a healthcare law in Massachussetts
What are the arguments in support of giving more power to the federal government?
(1) has more resources, (2) has more expertise, (3) can make national standards to provide *unity*, and (4) the national government can help protect against the *oppressive majority* because states can pass some very harmful things
Gibbons vs. Ogden
(1824) rules that states *can't put tariffs on each other*, the supremacy of the federal government allows them to regulate commerce, and there is a *broad definition of commerce*; IMPACT: the *commerce clause* expands federal power
Civil Rights Cases of 1883
(1883) example of Supreme Court *supporting Dual Federalism*; said it was a violation of the *10th amendment*; the Supreme Court struck down *federal attempts to ban segregation*
Hammer v Dagenhart
(1918) example of the Supreme Court *supporting Dual Federalism*; said it was a violation of the *10th amendment*; the Supreme Court struck down *Federal Child Labor laws*
Printz vs. US
(1997) The Court invalidated a federal law that required local police to conduct federal background checks on all gun purchasers. The Court ruled that the law *violated the 10th amendment* by commandeering state government to *carry out a federal regulatory program*; ? ask about commerce clause ?
National Federation of Independent Business v Sebelius
(2012) when the Supreme Court ruled that Obamacare (?Affordable Care Act?) could be upheld by the *power to tax* but not by the *commerce clause*; IMPORTANT BECAUSE: even thought the program passed, it was NOT UPHELD by the *Commerce Clause*
Dual Federalism (Layer Cake Federalism)
*Basic Principle*: each level of government is "supreme in their own place"; federal government is limited in its ability to *control state actions*
During what time periods did the role or view of the federal government in regards to the states shift?
*Phase I:* Constitution to Civil War; McCulloch v. Maryland strengthens the federal government and the South responds with *Nullification* and *Secession*; Civil War = firmly establish national government as supreme; *Phase II (Dual Federalism:* during the late 1800s > early 1900s; the power of the national government is rolled back a bit; more respect is given to the states; EX: Civil Rights Cases (1883), Plessy v. Ferguson (1897), Hammer v. Daggenhart (1918); *Phase III (Cooperative Federalism):* during the Great Depression to the 1960s; EX: Social Security, LBJ's Great Society (medicare, medicaid, job corps), increased regulation of the economy, more federal mandates in policy areas, NEW DEAL; *Phase IV (New Federalism & Devolution):* 1970s-1980s; attempt to give states more control of programs because people were discontent with the size of the national government
What has been the role of the courts in supporting federalism?
*Supporting Dual Federalism* > strike down laws that violate 10th amendment; EX: Civil Rights Cases (1883), Plessy v. Ferguson (1897), Hammer v. Daggenhart (1918); *Supporting Cooperative Federalism* > used the Commerce Clause to uphold most challenges to federal power; EX: Wickard v. Fillburn, US v. Darby Lumber; *Supporting New Federalism* > supporting state sovereignty, EX: Printz v. US; limiting the Commerce Clause, EX: US v. Lopez, National Federation of Independent Business v. Sebelius
What is the source of Reserved powers? Of Implied Powers?
10th amendment; McCulloch v. Maryland decision when looking at the necessary and proper clause
What is the role of the federal deficit on federalism?
?ASK ASK ASK ASK ASK FEDERAL DEFICIT ASK ASK ASK ASK ASK?
Nullification
A state's refusal to recognize an act of Congress that it considers unconstitutional; this was the South's response to the *Supremacy* of the national government and the increase in its powers; McCulloch v. Maryland led to an increase in threats of ______________; states wanted to support state sovereignty
McCulloch vs. Maryland
Congress commissioned a *national bank*; states oppose the bank; the states say that the national government is going *beyond its power*; Maryland opposes the bank by *placing a tax* on the national bank (by extension the national government); the federal government says that the states *cannot tax them*; the states say that doesn't matter because the *bank isn't allowed to exist anyway*; Two Questions are asked in the court case: (1) Does Congress have the right to incorporate a bank? > *Yes*, because it's justified under the *necessary & proper clause* and JOHN MARSHALL says that a bank helps *regulate interstate commerce, borrow money,* and *lay and collect taxes*; (2) Does Maryland have the right to tax the national bank? > *No*, because the power to tax = *power to destroy* (taxed out of operation) and because of the *Supremacy Clause* which says that when *powers overlap* the national government is *supreme*; OVERALL EFFECT: the *supremacy* of the national government is established, the power of Congress is *expanded*, and >>>IMPLIED POWERS ARE DECIDED FROM THE *NECESSARY AND PROPER CLAUSE*<<<
No Child Left Behind/ Every Student Succeeds Act
FEDERAL MANDATE(s); New Federalism Stuff >>> the ESSA was an example of returning *school improvement plans* to state and local government; *NCLB* = states are required to assign *standardized tests* and get all students to a proficient level; *ARGUMENTS FOR:* (1) ensures that children receive a decent education, (2) makes it so that students have equal opportunity, (3) makes states more liable to their students; *ARGUMENTS AGAINST:* (1) intelligent students aren't always adept at standardized tests; (2) the school system is complicated and it's not easy to ensure that students perform well so federal funds should not be taken away if standards aren't reached
Clean Air and Water Acts
FEDERAL MANDATE; An act meant to reduce smog and pollution, to reduce the amount of pollution in the water; *ARGUMENTS FOR:* (1) provides healthy air and water across the country; (2) ensures corporations don't negatively impact the environment just to make more money; (3) pollution can move from state-to-state; *ARGUMENTS AGAINST:* (1) the state may not be able to afford the lab; (2) sometimes the standards are too high for the environment of that state; (3) can potentially hurt industries because of expensive changes that corporations have to make
Affordable Care Act
FEDERAL MANDATE; An expansion of medicaid, most of employers must *provide health insurance*, have insurance or face surtax, *prevents rejection based on pre-existing condition*; Also referred to as "Obamacare", signed into law in 2010; *ARGUMENTS FOR:* (1) helps people with pre-existing conditions; (2) makes companies more accountable for their employees; (3) ensures that children have health insurance; *ARGUMENTS AGAINST:* (1) it's expensive to treat people with pre-existing conditions; (2) some people might not want the health care they are forced to purchase (also may not be able to afford it); (3) this would potentially increase the outsourcing of jobs because companies have to pay for expensive health care in the US
Americans with Disabilities act
FEDERAL MANDATE; Passed by Congress in 1991, this act banned discrimination against the disabled in employment and mandated easy access to all public and commercial buildings; *ARGUMENTS FOR:* (1) secures more job; (2) morality; (3) ensures that disabled people can access areas they pay for with taxes; (3) less unemployment; *ARGUMENTS AGAINST:* (1) it's expensive to change public areas; (2) disabled people are a smaller population; (3) could potentially result in disabled people doing a bad job at their workplace even with accommodations
REAL ID acts
FEDERAL MANDATE; Passed by Congress in 2005, the REAL ID Act enacted the 9/11 Commission's recommendation that the Federal Government "set standards for the issuance of sources of identification, such as driver's licenses." The act *established minimum security standards for state-issued driver's licenses and identification cards* and *prohibits Federal agencies from accepting for official purposes licenses and identification cards* > from states that do not meet these standards. Starting October 1, 2020 "every air traveler will need a REAL ID-compliant license, or another acceptable form of identification, for domestic air travel; *ARGUMENTS FOR:* (1) helps protect against terrorist attacks by making it harder to get through security systems; *ARGUMENTS AGAINST:* (1) causes state to make changes and have to spend money to meet the standards of the federal government
Brady Bill
FEDERAL MANDATE; a provision of US federal law that requires a waiting period for handgun purchases and states have to conduct *federal background checks* on those who wish to purchase handguns; *ARGUMENTS FOR:* (1) ensures that less people with a criminal background have access to firearms; (2) national government checks are more thorough than state checks; (3) ensures safety; (4) provides unity because different states have lower restrictions for who can own a gun; (5) if there are state checks than states can ignore criminal backgrounds from other states and sell the person the gun anyway; *ARGUMENTS AGAINST:* (1) states might say that their background checks are good enough; (2) states might say that the federal government shouldn't regulate something protected by the 2nd amendment; (3) states might say that they shouldn't have to perform federal background checks because that is not their responsibility
Fiscal Federalism
Federal government using money (grants) to influence & control states; includes taxation
What are the Constitutional power of the states and the Constitutional powers of the federal government?
State Powers = *reserved powers*; Federal Powers = *expressed & implied powers*
Preemption
When the federal government overrides a state or local action in a certain policy area; the federal government may reach the conclusion that a *state program is bad* and decide to overrule it; EX:? ask in class
Necessary and Proper Clause
clause of Article I, Section 8 that provides for Congresses *implied powers*; this clause was used during the McCulloch v. Maryland court case in which JOHN MARSHALL ruled that Congress had the power to incorporate a bank because it was ___________ & _________ for *regulating interstate commerce, borrowing money*, and *laying and collecting taxes*
Why does federalism result in differences in services across the country?
different states receive *(1) different amounts of federal funding*; some states have *(2) less money than others*; states have citizens with *(3) differing needs to care for*; states may align with *(4) different political parties and therefore use services differently*; states have *(5) differing environments*
The Full Faith and Credit Clause
example of Horizontal Federalism; constitution's requirement that each state *accept the public acts, records, and judicial proceedings* of every other state; says that states have to *respect decisions* of other state courts (EX: if you are married in one state, you are still married in another); > *DOMA* (1996): federal government decision to *not recognize* same-sex marriages (this is against the ____ _____ ___ ______ Clause) > said that states didn't have to recognize same-sex marriages if they didn't want; > with the *Obergefell v. Hodges* (2015), same-sex marriage was legalized *(PROBABLY JUSTIFIED UNDER ____ _____ and ______ Clause)*
Project Grants
grant programs in which state and local governments submit proposals to federal agencies and for which funding is provided on a competitive basis; rewarded based on *merit*; which state is more worth of receiving this grant; many groups try to get the funding; many states say that funding will help them complete useful things such as *University Research*
Reserved powers
powers not specifically granted to the federal government or denied to the states belong to the states and the people; these powers are *left to the states*; assigned by the *10th amendment*
Cross Cutting Requirement
statutes that apply certain rules and guidelines to a broad array of federally subsidized state programs; *sets a condition* that must be met in all areas in order to *receive federal funding*; EX: because of Title IX, females must receive an equal number of sports programs (and others I think); this applies to schools, colleges, and other things (gender equality in education) > every program that deals with education
What was the impact of McCulloch v. Maryland?
the *supremacy of the national government * is established; the power of Congress is expanded because *implied powers* are decided from the *Necessary and Proper Clause*
Cooperative Federalism (Marble Cake Federalism)
the federal government's *role in the economy* expands; federal help is provided to *state and local governments*; there are now *multiple* state-federal interactions; EX: *New Deal* > resulted in an expansion of: (1) federal grants, (2) federal projects, (3) federal spending programs, (4) federal mandates (because states are *getting federal funds* and need to abide by *federal authority*; New Deal programs (*Tennessee Valley Authority* & Agricultural Adjustment Act*)
Devolution
the transfer of powers and responsibilities from the federal government to the states; part of RICHARD NIXON's *New Federalism*; attempt to give *states more control* of programs; occurred because people were upset with the size of the national government in the 70's and 80's; *Features*: (1) Giving out more *block grants*, which gives states more discretion on *running their own programs*; (2) Allowing the states to experiment more with their own policy; EX: *Welfare/TANF* (1996) > allows states to have more control over welfare because their payments are received through block grants; EX: *Every Student Succeeds Act* (2015): returning many school improvement plans to state and local government
