Gov ch. 3
True or False. Local governments (county, city, school board, etc.) are discussed in the Constitution.
False
Home rule
power delegated by the state to a local unit of government to manage its own affairs
Police Power
power reserved to the state government to regulate the health, safety, and morals of its citizens
summarize the role of each level of government until WWII. In other words, what general policy area does each level of government "focus" on?
"...all the national government's functions were aimed at assisting commerce [after WWII]...the emphasis of [federal] governmental programs was on assistance, promotion, and encouragement—the allocation of land or capital to meet the needs of economic development." As for the states, state laws predominantly focused on "coercion" over private property rights and public health (professional regulations). Local governments focused on more administrative functions, like adapting state laws in order to administer such laws while providing basic public services to people. This is still, largely, the same set of roles.
difference between "dual" and\ "cooperative" federalism.
"dual" operates like a layer cake: federal powers have their lane while states have theirs "cooperative" federalism, state and federal lines are defined, but the federal government may encroach into some reserved powers from time to time. States do not surrender responsibility, but powers may swirl around like a marble cake.
National Obligations to States
- A republican form of government - Protection from invasion and internal disorder - Respect for territorial integrity - admitting new states
Article IV (Comity Clauses)
1. Full Faith & Credit 2. Extradition 3. Privileges & Immunities Clause
extradition
A legal process whereby an alleged criminal offender is surrendered by the officials of one state to officials of the state in which the crime is alleged to have been committed.
Commerce Clause
Article I, Section 8, of the Constitution, which delegates to Congress the power "to relegate Commerce with foreign Nations, and among the several states and with the Indian tribes"; this clause was interpreted by the Supreme Court in favor of national power over the economy
Sepremacy clause
Article VI clause 2 establishes the federal government as supreme over state governments when their laws clash
Using an example from real life, describe how a federal system operates differently than a unitary system.
Federal systems, like the United States, share powers between a strong central government and lower levels of government. In unitary systems, like France, lower levels of government serve largely as an implementation mechanism for a strong central government. Another way to think about it: In a federal system, "big" decisions can be made by all levels of government. In a unitary system, such "big" decisions are left to the central governing authority.
Implied Powers
HINTED POWERS derived from expressed powers necessary and proper clause of Article I, Section 8
What does this data suggest about voter involvement in state and local politics?
In the 2014 election—a non-presidential election year where the entire House, 1/3 of the Senate, and many state legislatures and some governorships were on the ballot—no state had higher than 64% of their eligible voters cast ballots. In municipal (city, county) elections, that number plummets to a high of 43% (Seattle) to just 7% (New York City) of eligible voters casting ballots. The average number for local elections is often below 15% of the eligible population showing up to vote The concern for political scientists—and shared by your government teacher—is that the majority of Americans are not voting if there is not a Presidential election occurring (and even these elections years see nearly 40% non-turnout), in spite of nearly all of the administrative power of government being at the local level—where hardly anyone is voting. If the majority of Americans are not voting, who is, and what affects could this have for the vast majority of residents choosing to not vote?
What 1819 and 1824 Supreme Court cases allowed for the expansion of federal authority through the interstate commerce and necessary and proper clauses, doing so to protect the national economic interest?
McCulloch v. Maryland (1819): set precedent that the CONGRESS has the authority to create a NATIONAL BANK under the interstate commerce clause. Its decision in Gibbons v. Ogden (1824): reinforced the interstate commerce power precedent when declaring a steamboat MONOPOLY across state lines UNconstitutional. The Marshall Court, which issued decisions in both of the above cases, further justified the constitutionality of the creation of a National Bank by saying the Necessary & Proper Clause granted Congress the "implied" authority found in the expressed powers dealing with national regulation of commerce.
What event pushed the Supreme Court to abandon its "interstate vs. intrastate" distinction in the 1930s, as it became evident that state and local governments lacked the capacity to deal with all intrastate commerce problems on their own?
National authority was lowered --> businesses had more freedom --> Great depression GD necessitated a federal response for an unprecedented economic event. shift from "dual federalism" to "cooperative federalism," as the federal government began several grants-in-aid programs to provide relief to state budgets and stabilize the nation's economy.
What are the "pros and cons" of "New Federalism?"
PROS: often for the larger state control over programs under the use of block grants, and local governments getting their own block grants, in effect. The belief that local and state officials know better than federal officials, and can better administer services with less accountability to DC. CONS: The concern over the trade-off between accountability (are states using the grants for their intended purpose?) and administrative flexibility.
What is an example of the state governments defining and regulating "private property" rights of their residents?
State laws can define what is private property to be protected: state laws against trespassing are designed to who is, and who is not, entitled to that property. State laws protect automobile owners' private property right to their car by making it illegal for another person to take/drive that car without your/the state's permission (car titles and registration).
What level of government grants authority to these local governments to perform many of the administrative (delivering services) functions of the government?
State-level Governments
What clause in Article IV of the Constitution promoted national unity in the early years of the republic, but recently has been at the center of debates over same-sex marriage and LGBTQ+ legal disputes?
The Full Faith & Credit Clause (Article IV Section 1) stipulates that each state is expected to honor the "public Acts, Records, and judicial Proceedings" of the other states of the Union. While this clause would have likely compelled former non-same-sex marriage states to accept marriage licenses from legal same-sex marriages in other states, the Federal government got ahead of this debate with passage of DOMA during the Clinton administration—a law that exempted states from having to specifically honor the same-sex marriages of other states. This Act of Congress is/was procedurally constitutional—as Congress (according to Article IV Section 1) can determine what laws can be exempted from this requirement. Parts of this law were later ruled unconstitutional by the SCOTUS in 2013 (Section 3) under the 5th & 14th amendment (Section 2) in 2015, however. While DOMA is still a federal law, the SCOTUS rulings made it unenforceable by the federal government by declaring those two sections unconstitutional. What has resulted (because the courts cannot rewrite laws, but only strike down what is unconstitutional) is further federal court litigation to overturn other sections complicating, until/unless Congress repeals the remaining parts of the law still intact.
What clause in Article IV of the Constitution, also called the "comity clause," was also put in by the framers to promote the idea of national unity?
The Privileges & Immunities Clause states in the Union cannot discriminate against citizens of another state, or provide special privileges to their own citizens at the expense of another state's citizens
What factors have dramatically increased the value of Federal grants-in-aid programs since 1950?
The dollar value of such grants have increased The grant programs started during LBJ's "Great Society" initiative addressed national purposes (creating Medicaid) in a much stronger way than had past grants under The New Deal --> eventually this costs too much and we're unable to uphold the price --> federal grant dollars used to provide care and "change of purpose" has been from individual states being unable to handle the cost
How many expressed powers were given to the federal government (Congress) in Article I, Section 8?
There are a total of 17 expressed powers These include: power to tax, declare war, fund and provide for war, etc.
Unitary System
a centralized government system in which lower levels of government have little power independent of the national government
what does Article VI clause 2 end up establishing?
a ladder of laws: Local Ordinances (curfews) State Laws (minimum wage) State Constitutions ("home rule" protections for some cities) Federal Laws (anti-discrimination laws) US Constitution
Devolution
a policy to remove a program from one level of government by delegating it or passing it down to a lower level of government, such as from the national government to the state and local governments
Federalism
a system of government in which power is divided between a central government (national) and regional governments (state)
Cooperative Federalism
a type of federalism existing since the New Deal era in which grants-in-aid have been used strategically to encourage states and localities (without commanding them) to pursue nationally defined goals; also known as "intergovernmental cooperation"
New Federalism
attempts by presidents Nixon and Reagan to return power to the states through block grants
Concurrent Powers
authority possessed by both state and national governments, such as the power to levy taxes
categorical grants
congressional grants given to states and localities on the condition that expenditures be limited to a problem or group specified by law
Reserved Powers
derived from the 10th Amendment not specifically delegated to the national government or denied to the states marriage/divorce or education
Block Grants
federal grants-in-aid that allow states considerable discretion in how the funds are spent
explain the importance of local governments in our country
local governments provide the administrative backbone of government in the United States. Without competent local government officials and policies, citizens would rely more on their state and/or federal officials, eroding the foundations of the federalist system, as a more unitary system would have developed over time.
What are some examples of the reserved powers of "coercion" that the framers left to states?
power to develop and enforce criminal and civil codes (i.e. felony punishment and divorce laws) to administer health and safety rules (i.e.TANF issuance, building codes, public health), professional regulation (i.e. salon safety standards, state bar associations for lawyers, car inspections, etc.).
inherent powers
powers that, over time, the national government has come to possess
Grants-in-aid
programs through which Congress provides money to state and local governments on the condition that the funds be employed for purposes defined by the federal government
Full Faith and Credit Clause
provision from Article IV, Section 1 of the Constitution requiring that the states normally honor the public acts and judicial decisions that take place in another state states not being total *********s to other states
Privileges and Immunities Clause
provision, from Article IV, Section 2, of the Constitution, that a state cannot discriminate against someone from another state or give its own residents special privileges
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
Expressed Powers
specific powers GRANTED BY THE CONSTITUTION to Congress (Article I, Section 8) and to the president (Article II)
Preemption
the principle that allows the national government to override state or local actions in certain policy areas; in foreign policy, the willingness to strike first in order to prevent an enemy attack
States' Rights
the principle that the states should oppose the increasing authority of the national government; this principle was most popular in the period before the Civil War
General Revenue Sharing
the process by which one unit of government yields a portion of its tax income to another unit of government, according to an established formula; revenue sharing typically involves the national government providing money to state governments
Dual Federalism
the system of government that prevailed in the United States from 1789 to 1937 in which most fundamental governmental powers were shared between the federal and state governments
