Federalism Essays – Flashcards

McCulloch: Does Congress have the power under the Constitution to incorporate a bank, even though that power is not specifically enumerated within the Constitution? Ogden: Do states have the power to regulate pieces of interstate commerce that are within the boundary of their state or because of the need of national uniformity should their regulation be prescribed by a single authority?

Through the "Necessary and Proper Clause" the court held there is nothing within the Constitution that excludes incidental or implied powers. If the result intended by extending its power is legitimate and not prohibited by the Constitution than it may be used. This expands the power of the national government by signaling the Supreme Court will not hold laws to be unconstitutional because the law's origin doesn't come expressly from the Constitution but rather can be implied through the Necessary and Proper Clause

The court holds that States do not have the power to regulate interstate commerce even though a piece of the stream (in this case a river) runs through their State. In this case, New York. Here, the Court determined the Commerce Clause, giving the federal government the power to regulate interstate commerce/coastal trade is pre-emptive of a state law attempt to control the waterway that is inconsistent with Federal law. The importance is that the Courts clearly favor the concept that Federal law "preempts" state law and is supreme.

b. As evidenced in the McCulloch case, the Necessary and Proper Clause" has been used to stretch the power of the federal government by allowing it, by reason of constitutional interpretation, to do those things that are within the "spirit" of the constitution if they are not expressly excluded. c. The commerce clause has been used to expand the reach of the federal government by allowing the federal government to regulate, and preempt state law regulation that is inconsistent, interstate commerce. Over the years, the court has expanded the definition of interstate commerce to be just about anything in our mobile and connected society.

The ADA regulates the way employers treat those with disabilities as defined by the federal agency that enforces this law. The EEOC (Equal Employment Opportunity Commission). It also regulates public accommodation so that those with disabilities may expect to have the same ability to access public places as those without disabilities. This is uniformly regulated by the federal government through the EEOC. The Civil Rights Act of 1964 made illegal discrimination on the basis of race, color, religion, sex or national origin. It ended unequal application of voter registration requirements and racial segregation of schools by several of the (primarily) Southern States. The federal government principally used power to regulate under the Commerce Clause but also the equal protection clause of the 14th amendment. The Clean Air Act is designed to control air pollution on a national level. It is administered by the federal government through the EPA although much of the work is delegated to the States. It sets national standards for air quality by regulation of things like automobile emissions. The No Child Left Behind Law was a 2002 update to the Elementary and Secondary Education Act. It effectively increased the federal role in holding schools accountable for student outcomes and holding schools accountable for those outcomes. The law required States to uniformly try to boost performance of certain groups of students such as English-language learners, students in special education, and poor and minority children. The law did not require states to implement these programs but if they refused, they risked losing federal Title I money. Motor Voter Law a/k/a the National Voter Registration Act of 1993 expanded voting rights by requiring state governments to offer voter registration opportunities to any eligible person who applies for or renews a driver's license or public assistance, requiring states to register applicants that use a federal voter registration form to apply and prohibiting states from removing registered voters from the rolls unless certain criteria are met. The federal government is providing access to the polls for federal elections to more Americans who because they offer those applying for a state driver's license the opportunity to also register to vote at the same time.

A system of government in which power is shared between a national government and state governments.

a. Categorical grants - The main source of federal financial aid to state and local governments. They can be used only for specific purposes and are award if the state and local governments follow the rules for receiving the money. If the local government wants they money they have to do what the federal government requires. b. Federal mandates - An order from the federal government that States much comply with. They usually require states and local governments to improve civil rights issues or environmental issues. c. Selective incorporation - a legal doctrine (rule) that protects the rights, immunities and privileges of U.S. citizens from state laws. Related to Slaughterhouse Cases in 1873 where the Supreme Court rejected a very broad reading of the privileges of U.S. citizens and a general incorporation of the Bill of Rights against the states. However, starting in the 1920s, on a case by case basis, the Supreme Court has applied almost all of the first 10 amendments to be selectively incorporated to restrict state governments.

a. Welfare Reform Act of 1996 - This law gave more express powers to the States to control welfare from a local level rather than a federal level and to allow state and local governments to design and control programs that would impact the need the most as that need exists locally. b. Block grants - a large sum of money granted by the federal government to the regional government with only general provisions as to the way it is to be spent. This contrasts with a categorical grant which has strict and specific controls. c. 10th amendment - A part of the bill of rights. Ratified in 1791. It expresses the principle of federalism by stating that the federal government possesses only those powers delegated to it by the United States Constitution with all remaining powers being reserved to the States.

a. United States v Lopez - First case since the New Deal to set limits on Congress's power under the Commerce Clause. It held that while Congress had broad lawmaking authority under the Commerce Clause, the power was limited, and did not extend so for from "commerce" as to authorize the regulation of carrying handguns. b. United States v Morrison - Held parts of the Violence Against Women Act of 1994 unconstitutional because they exceed congressional power under the Commerce Clause. The 1994 Act gave women the right to sue their attackers in federal court (the case arose from a sexual assault on the campus of Virginia Tech. The court ruled Congress lacked that authority. c. Printz v United States - Held certain provisions of the Brady Handgun Violence Prevention Act unconstitutional. The law required Chief Law Enforcement Officers in local jurisdictions to perform background checks for purposes of preventing certain sales of guns. Court ruled that under the principles of federalism, that making a local police official do this was to far afield from any legitimate power granted by the constitution. d. Webster v. Reproductive Services - Decision from 1989 upholding a Missouri law that imposed restrictions on the use of state funds, facilities, and employees in performing, assisting with, or counseling on abortions. The Supreme Court allowed for states to legislate in an area that had previously been thought to be forbidden by Roe vs. Wade in 1973. e. Planned Parenthood v. Casey - The Supreme Court weighed in on the constitutionality of several Pennsylvania laws regarding abortion. The court upheld the constitutional right to have an abortion but altered the standard for analyzing how states could legally restrict that right.

a. Supremacy clause - establishes that the US Constitution, federal statutes, and treaties to be the "supreme law of the land." Gives consistency to the law and interpretation of it. b. 10th amendment- reserves to the states that which isn't given to the federal government. c. Necessary and proper clause or "elastic" clause - allows the federal government to do that which is not expressly prohibited by the constitution. Seems inconsistent or at odds with the 10th amendment.

a. Environmental policy - while state agencies may be more restricting on environmental policy, they cannot have laws that are inconsistent - i.e. allowing more pollution b. International relations - exclusively the job of the federal government. The United States should have but one voice in international relationships such that foreign governments can trust our answers and our policies. c. Elections - federalism has allowed additional regulation of state laws to expand the availability of the ballot box to more Americans.

● Enumerated powers - A specific set of items found in Article I, Section 8 of the Constitution that given express authority to Congress. i.e it may exercise powers that the Constitution grants to it subject to the Bill of Rights. i.e. law and collect taxes, to pay debts, provide for common defense, promote the general welfare, etc. Provides a clear line of where power lies. ● Reserved powers - Powers that are not enumerated. Those powers which under the 10th Amendment are reserved to the States. Should provide a clear line of what State powers are - but has been eroded over time by Supreme Court interpretation of Commerce Clause, due process provisions and necessary and proper clause. ● Concurrent powers - Those powers that are or can be shared by both state and federal governments. Allows either body to regulate. ● Implied powers - Power that isn't express but can be implied. Like power granted under the "necessary and proper clause" of the constitution. Has tended to give federal government more power given interpretation of the scope of implied powers.

A) See above B) Advantage - makes sure money is being spent on what it is supposed to be spent on. Disadvantage - there is no flexibility respecting how money is spent that might preclude some good coming from the grant but for the narrow restrictions C) see above D) The opposite of B.

The 10th Amendment reserves to the states that power which isn't granted to the federal government. Amendment 11 deals with state's sovereign immunity in hearing lawsuits brought by citizens against states.

14th Amendment - Adopted 1868 as a Reconstruction Amendment (post civil war). The Amendment addresses citizenship rights and equal protection of laws and was designed to protect former slaves from continued discrimination and defactor slavery by Southern States.

a political philosophy that advocates transfer of certain powers back to the states and that would tend to make the federal government smaller. New Federalism typically involves the federal government providing block grants to states to resolve a social issue.

This "Contract" was a promise by Republicans in 1994 to do certain things if they were swept into power in that election cycle. One of the items in the contract advocated selecting a major independent accounting firm to conduct a comprehensive audit of Congress for waste, fraud and abuse. This notion is consistent with a limitation of the size of the federal government.

Federal funding of states Medicaid costs - new federalism advocates transfer of power back to the states usually through block grants that are designed to solve a social issues. Here, the federal government is funding Medicaid costs but requiring the states to administer the programs. i.e. paying money and making state governments do the work and allowing the federal government to pay for it yet not grow.