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Americans with Disabilities Act (1990)

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Mandate passed by Congress Prohibits discrimination in employment, public services and accommodations, and telecommunications against those with disabilities

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Article IV(4)

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Addresses states Full faith and credit - all states must respect the acts, records, and judicial proceedings of other states Privileges and immunities - all citizens of all states are entitled to the same privileges/immunities Extradition - no person suspected of a crime in one state may escape to another to escape prosecution Creation of new states Governing territories - Congress has the power to make laws regarding territories, prejudice of claims is prohibited Protection of states - guarantees republican form of gov. and protection against invasion and domestic violence

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Articles of Confederation

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United States' first Constitution; weak

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Block Grants

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Grants which are given out on a formula basis by Congress to be used by states for a general purpose Health Income Security Education Transportation

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Categorical Grants

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Grants which are issued by Congress to a state for a specific purpose Project Grants - money only to those who apply; competition Formula Grants - money to all eligible, based on a fixed formula (Medicaid and food stamps)

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Civil Rights Act of 1964

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Mandate Outlawed discrimination based on race, color, religion, sex or natural origin Ended unequal application of voter registration requirements Ended racial segregation in schools, the workplace and public accommodations

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Clean Air Act (1990)

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Mandate Revised from 1970 and 1977 Establishes air quality standards for common and widespread pollutants States are required to adopt plans and control emissions that drift across state lines Calls for power plants/factories to use best available technology

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Commerce Clause

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AIS8C1-17 Gives Congress power to regulate commerce with foreign nations, states and indian tribes Broad interpretation of Commerce Example: Congress makes law (GFSA of 1990) and supreme court struck down law (Judicial Review) b/c it does not pertain to interstate commerce

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Congressional Powers

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AIS8 taxes (AIS8C1) borrowing regulation of commerce (AIS8C3) naturalization and bankruptcy money (coining and regulation of value) counterfeiting (punishment) post office patent and copyrights create courts punish piracies declare war create army and navy call the militia govern District of Columbia "necessary and proper" clause (Elastic Clause) weights and measures

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Conditions of Aid

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Strings (must do to get money) the strings are attached to the grants

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Devolution

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the handing of federal responsibilities to lower levels of gov.

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Elastic Clause

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AIS8C18 "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."

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Federalism

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Definition: The division of powers at different levels

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Advantages:

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Prevents tyranny Separates powers of both the state and national governments Increases Citizen Involvement Resolves Conflicts easier Innovation of Laws and Policies based upon state and national needs Closer to States' and Citizens' needs

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Disadvantages:

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Could not resolve the slavery on national level (state issue) Can have unequal laws in states (not all under one law on an issue) States do not have to enforce all national laws if fought in court to not enforce it Competing of states (reduce benefits to reduce welfare costs)

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State-Centered Federalism (1787-1860)

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States were most important; solved most policy questions and provided most public services Anti-Federalism

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Dual Federalism (1868-1913)

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National and state powers - clearly distinguished; functioned separately

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Cooperative Federalism (1913-1964)

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National, state and local governments work together exercising common policy responsibilities Income Tax WWI and WWII Great Depression (New Deal - FDR)

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Centralized Federalism (1964-1980)

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National gov. assume primary responsibility for national goals and directs state/local gov. activity through conditions attached to: national standards conditional grants unfunded mandates premptions

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State gov.'s act upon national gov.'s decrees

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Civil Rights Poverty Programs Environmental Protection

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New Federalism (1980-1990's)

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National government provides the means and state government acts State gov.s have more flexibility to make policies/administer programs Block Grants Revenue Sharing Devolution of Power Attempt to return power to state governments

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Contemporary Issues

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same-sex marriage & marijuana use

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Role & Powers of national government

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Separation of powers into separate entities with checks and balances

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Role & Powers of state governments:

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Same as NG, with limits on NG and the reserved powers, state constitutions

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Gibbons v. Ogden (1824)

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Gives more power to the states Commerce Trade: Buying and selling Broad interpretation: Provides more regulate Marrow interpretation: Provides less regulate National Government w/a broad view of commerce

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Grants-in-Aid

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Money given by the national government to the states

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Mandates

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Strong (must do), terms set by the national government that states must meet whether or not they accept federal grants

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Funded

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Mandate where the national government gives money to the state to fund the mandate

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Unfunded

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Telling you what to do but you have to pay for that

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McCulloch v. Maryland (1819)

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Bank v. Tax Necessary and Proper Clause (Elastic) used to have Congress make a national bank Supremacy Clause Congress gains some power while states are more limited

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Necessary and Proper Clause

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Aka Elastic Clause Allows Congress to pass all laws "necessary and proper" to its duties, and which has permitted Congress to exercise powers not specifically given to it (enumerated) by the Constitution

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Reserved Powers

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Powers given to the state government alone

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Selective Incorporations

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The process whereby the Court has applied many parts of the Bill of Rights to the states case by case of how the Bill of rights applies to the states by the 14th amendment (slow to have national gov. gain power; Barron v. Baltimore, 1833)

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Strict v. Loose Interpretation of the Constitution

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Strict: Using what is explicitly stated in the Constitution to make laws or bills Loose: Using the Constitution as a guideline to make changes as long as the action is specifically outlawed by the Constitution

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Supremacy Clause

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The Constitution, federal statutes and treaties are the "Law of the Land" (Laws the national government make are the supreme authority)

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Tenth Amendment

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Reserved Powers, powers given exclusively to the states by the Constitution

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Voting Rights Act of 1965

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Mandate by the National Government to regulate the state and local governments for everyone (African- Americans specifically) having the opportunity to exercise their right to vote (15th Amendment)

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Welfare Reform Act of 1996

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Aka Personal Responsibility & Work Opportunity Reconciliation Act Changes Aid for Families and Dependent Children to Temporary Aid for Needy Families (A.F.D.C. ⇨ T.A.N.F.) Conversion to block grant program States given the power & money to run their own welfare program... with Federal guidelines (states decide the How to's)

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