AP Government Federalism – Flashcards

an amount of money given to a local government (states) from a central government in order to help finance a public project

-the main source of federal aid to the state and local governments -issues by the US Congress which may be spent only for narrowly defined purposes and for helping education or categories of state and local spending

deals with the division of governmental functions and financial relations among levels of government (usually how federal or central governments fund state and local governments)

The Federal Government gives money for a general category and states pick how to approach specifics (they can allocate to a wide range of services) -also a major tool of New Federalism

force the implementation of federal requirements in one area or the states risk losing money in another, similar area -for example, States were required to set their state drinking age at 21 or lose 10% of the federal funds provided for highways

- those that are required by any entity that receives federal money -One of the most common requirements is non-discrimination based on gender, race, religion, ethnicity, etc -there are no exceptions

-grants given by the federal government to state and local governments on the basis of merit (states deserving praise or reward) -Money given to a specific project already approved in all its parts beforehand

a nation is ruled by a central government under which there are smaller subdivisions of government

The central government is supreme, and the administrative divisions exercise only powers that the central government has delegated to them (most common)

The vast majority of political power rests with the local governments; the central federal government has very little power. (states hold more power than the whole also known as state sovereignty)

if the federal government makes laws towards a particular topic, it is superior over the state's laws and prevents states from passing laws on the same topic

the transfer or delegation of power to a lower level (states) and shrink the size of the National Government -features block grants

-each level is "supreme in their own sphere" (layered cake) -state and national governments are separate and have no gray area -state power expands, federal government limited -supreme court doesn't allow federal governments to limit the power of the states (Civil Rights Laws, Plessy vs. Ferguson, Hammer vs. Dagenhart)

-blurring of lines between state and national governments -federal government role/control expands and power increases (Social Security, increased regulation of economy, more federal mandates in policy areas, Great Society Programs such as Medicaid, Job Corpes, etc.) -features federal grants, projects, mandates, and input from federal government on domestic/state problems

a legal theory that a state has the right to nullify, or invalidate, any federal law which that state has deemed unconstitutional

-a statute or regulation that requires a state or local government to perform certain actions, with no money provided for fulfilling the requirements -imposed in the interest of public safety and civil equality

-an implied power -refers to a section of the United States Constitution that grants Congress the authority to create and enforce laws that are deemed "necessary and proper" for carrying out their other powers by the powers granted to the branches of the government by the Constitution

powers not explicitly named in the Constitution but assumed to exist due to their being necessary to implement the expressed powers ("necessary and proper" clause

-powers assigned to the states and the people -10th Amendment covers this subject

the section of the Bill of Rights that basically says that any power that is not given to the federal government is given to the people or the states

refers to the ways state governments relate to one another (Full Faith and Credit Clause)

-respecting the decisions of other state courts -the various states must recognize legislative acts, public records, and judicial decisions of the other states within the United States (License or marriage)

Same-sex marriage caused controversy with this clause. The passage of DOMA in 1996 states that states don't have to accept same-sex marriage if they don't want to. Obergefeller vs. Hodges states that the fundamental right to marry is guaranteed to same-sex couples by the Equal Protection Clause of the 14th Amendment

returning a criminal to the state where the crime was committed (this was put into place because some criminals would cross state lines in order to escape the death penalty)

visitors to states receive the same privileges and immunities as permanent residents to that state (police, fire, ambulance)

-federal government created a bank, but the states didn't believe they had the power to do so. States then taxed the bank as rebellion. James McCulloch (head of the bank) then sued the state of Maryland because he believed that states can't tax something they're inferior to. However, the state of Maryland argued that they have extended the power to make a bank even through wasn't explicitly written in the constitution. Court rules that congress has the right to incorporate a bank because of the "necessary and proper" clause for carrying out their other powers. They also ruled that Maryland doesn't have the right to tax the National Bank because "the power to tax is the power to destroy" because of the supremacy clause of the US Constitution. (Federal Government > State Government). This case expanded the powers of congress because they now have expressed AND implied powers.

-expands the supremacy of the federal government regulating commerce -broad definition of "commerce" -"Commerce" clause expands federal power

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

a United States Supreme Court ruling that established the unconstitutionality of certain interim provisions of the Brady Handgun Violence Prevention Act ( mandated federal background checks on firearm purchasers in the United States)

a landmark United States Supreme Court decision in which the Court upheld Congress' power to enact most provisions of the Patient Protection and Affordable Care Act (ACA), commonly called Obamacare, and the Health Care and Education Reconciliation Act (HCERA), including a requirement for most Americans to have health insurance by 2014

United States Supreme Court decision involving the power of Congress to enact child labor laws

-a group of five US Supreme Court cases consolidated into one issue -as a result, public discrimination was banned

Arguments for: Keeps people, animals, and the environment healthy for future generations; If one state is allowed to pollute more, there's always the chance that the pollution will run into other states Arguments against: Could hurt their economy, companies might not come into their states because of the strict clean air and water acts, so they will lose factories and business.

Arguments for: to ensure equality; So people with disabilities get the same opportunity with employment and employment benefits; Prevents discrimination; lowers unemployment rate Arguments against: Expensive and very few people will be using the things the money goes towards; Cost is disproportionate to the benefit; the word "disability" is broad and therefore it will be abused by people

Arguments for: To further protect the country by limiting the amount of weapons people have, and by making sure everyone who has a weapon isn't going to use it dangerously; stops dangerous criminals from getting guns Arguments against: increase crime rates because the only way a criminal could get a gun would be to steal it from someone else; Could hurt their economy if they receive a lot of revenue from gun selling; State doesn't want to do the federal government's job or pay for the background check

Arguments for: Allows equal opportunity throughout the education systems; Hold teachers and schools accountable; Puts standards on everything Arguments against: Forcing them to put more of their resources towards education, not all states have the same amount of resources; risk losing federal funding

Arguments for: Won't let you go bankrupt just because your health is bad Arguments against: Healthy people now are forced to pay

States: regulate state commerce and trade, set up schools and regulate education, conduct elections, establish local governments Federal: Coin and print money, declare war, provide an army, conduct foreign affairs, regulate and control trade

The source of implied powers are from the "necessary and proper" clause of the US Constitution, and the source of reserved powers is the 10th Amendment to the US Constitution.

Some benefits are increased citizen participation, diffusion of power, protection against tyranny, and more efficiency

It gives congress the power to "regulate commerce with foreign nations and among the several states." This clause expanded Federal Power because the definition of commerce is broad.

The 10th Amendment declares that the states are governments of reserved powers, The Supreme Court holds that a state cannot tax the federal government in McCulloch v. Maryland, in Gibbons vs. Ogden the Court affirms the federal government's right to regulate interstate trade and lays out a broad definition of commerce that extends federal authority, In Printz v. United States the Court strikes down the provision of the federal Brady Act requiring states to check the background of handgun buyers, In United States v. Lopez, the Court strikes down the Gun-Free School Zone Act of 1990 on the grounds that the federal government invades reserved powers of the states with this legislation.

With the end of the Civil War (1861-1865), power shifted away from the states and towards the national government.

People argue that Federalism puts us in too much debt because of the widespread power to many levels of government

To promote unity, to ensure educated decisions and unanimous decisions when promoting warfare or with public affairs.

States are closer to the people which therefore allows them to be reflective of the public will, it is easier for the people to change and impact the government, states differ and would not benefit from federal laws being passed to all states, and it is inexpensive because the lower level that the government has the cheaper its operations are

The different needs of the states