Federalism Flashcards
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federalism
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division of power between national and state gov
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3 types of federalism
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dual federalism "marble cake" federalism "new" federalism
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dual federalism
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"layer cake" national and state gov. have specifically designed roles used until civil war (1st 100 years) federal gov has enumerated powers and states have everything else
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"marble cake" federalism
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there are defined layers between state and federal gov. federal gov. began taking state's powers (against 10th amendment) aka cooperative federalism used after civil war
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"new federalism"
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federal gov. handing powers back to the states didn't really work after Reagan in the 1980's
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devolution
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giving powers back to the states
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What kinds of nations use federalism?
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big populations and a lot of land
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alternatives to federalism
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unitary systems or confederation
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unitary system
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national gov. has all the power
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confederation
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states retain all the power with a weak national gov.
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Why does the US use Federalism?
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winner by default because the Articles of Confederation failed and strong national gov. faulted
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benefits of Federalism
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checks possible tyranny: national gov. only has powers stated in the constitution and the states have the rest unity w/o uniformity: states can have their own identity/culture with common bonds encourages experimentation: if national gov. is scared to try something, states can try it first (ex.- WA, CO w/ marijuana provides training for politicians: politicians practice making decisions at lower levels gov. and people are kept close: people have access to local and state officials
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What is the basic framework of the national gov?
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the constitution
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enumerated powers
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stated in the consitution
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implied powers
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powers inferred from enumerated powers
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necessary and proper clause
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Congress can make laws they deem necessary and proper as long as they are related to enumerated powers
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inherent powers
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presidential powers not listed in the constitution (usually foreign policy)
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What are the key powers of the National gov?
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national supremacy war power power to regulate interstate and foreign commerce power to tax and spend
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national supremacy
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(Article 6- Supremacy Clause) national law trumps state laws
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nullification
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idea that states ignore national laws if they think they're unconstitutional, but nothing to base it on
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war power
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only national gov has power to declare war
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interstate and foreign commerce
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most economic activity
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Gibbons vs. Ogden case
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Ogden creates a ferry service and has permission from NY to exclusively run from NY to NJ, but Gibbons gets permission from national gov. to run exclusive ferry service from NY to NJ. Ogden argues that NY gave him permission and there is nothing in the constitution that says the national gov could give Gibbons permission Gibbons says it is interstate commerce
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Gibbons vs. Ogden ruling
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Who has power to regulate interstate commerce? national gov. What happens when state and national laws conflict? supremacy clause
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Gibbons vs. Ogden impact
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defines that only US gov regulates interstate commerce and says that federal law overrides state law
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Gonzales vs. Raich case (2005)
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California allows medical Marijuana, but it is illegal nationally. Raich has cancer and is allergic to opium, doctor says the only thing that could ease pain. Someone calls cops on her for having Marijuana, but she is complying with the state law. DEA shows up and she is arrested for possession bc it is illegal federally. Raich argues that federal gov. doesn't have authority to make laws about Marijuana bc it isn't in the Constitution Gov. says it's interstate commerce
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Gonzales vs. Raich ruling
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Ruled as interstate commerce bc by growing her own Marijuana she caused a ripple effect on what would've been interstate economic activity
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Gonzales vs. Raich impact
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the National gov could get away with anything by calling it interstate commerce
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Affordable Care Act (Obamacare)
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(People couldn't pay for health care/insurance, so hospitals had to overcharge) 1. Required businesses to to provide health insurance to full time employees if they have 50 or more employees 2. People can't be denied health insurance bc of preexisting conditions 3. Insurance benefits couldn't be capped 4. Required every American to have health insurance by 2014 or be fined
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National Federation of Independent Business vs. Sebelius (2012) case
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NFIB says Obamacare is unconstitutional to force people to purchase insurance Gov says it's interstate commerce
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National Federation of Independent Business vs. Sebelius (2012) ruling
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Ruled that it doesn't violate the consitution, but it isn't interstate commerce. It's the power to tax (for not buying insurance)
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National Federation of Independent Business vs. Sebelius impact
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Supreme court trying to send message to Congress that interstate commerce isn't a blank check to do anything
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McCulloch vs. Maryland (1819) case
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People and states say that national gov doesn't have power to create a national bank Maryland passes a law requiring a tax on all banks within the state that weren't established by the state US bank was the only one McCulloch (runs US bank in Maryland) said they weren't paying bc it was unconstitutional for a state to tax the federal gov
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McCulloch vs. Maryland ruling and impact
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1. Does US gov have right to create national bank? Yes it is an implied power (bc of power to coin money, tax, borrow money) 2. Can Maryland put a tax on the national gov? No, bc of the Supremacy clause 3. What happens when state and national law conflict? National law overrides state law
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Concurrent powers
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Powers that both national and state gov can exercise (ex.- tax, establishing courts, passing laws)
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Full Faith and Credit Clause
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Article 4: states must respects each others legal documents
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Defense of Marriage Act
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1. Defines marriage as between a man and woman 2. States don't have to honor same sex marriage licenses from other states
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US vs. Windsor (2013) case
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Windsor and her wife had a Canadian and a NY marriage license Her partner dies and Windsor has to pay large tax on inheritance from her wife She challenges 1st provision of DOMA as unconstitutional Says it violates 5th and 14th amendments (equal protection clause- they aren't being treated the same as straight people)
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US vs Windsor ruling
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US agrees with Windsor and federal gov. must honor states marriage licenses - US must mirror states policies
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Obergfell vs Hodges (2015) case
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several same sex couples (Obergefell) felt 2nd provision of DOMA was unconstitutional and violated 14th Amendment (Due Process Clause says that gov can't deny life, liberty, or property) by denying liberty
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Obergefell vs. Hodges ruling
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In order for gov to deny "liberty" they must have a compelling reason Supreme COurt said that all states must issue and recognize same sex marriage licenses
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Examples of Interstate Commerce
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Gibbons vs. Ogden Gonzales vs. Raich NFIB vs. Sebelius
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Examples of Congress's Power to tax and spend
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McCulloch vs. Marlyand
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Examples of Full Faith and Credit Clause
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US vs. WIndsor Obergefell vs. Hodges
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Interstate compacts
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agreement between states to settle a dispute that must be approved by Congress
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Example of Interstate Compact
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NY/NJ Port Authority- Group that maintains roads, bridges, waterways, tunnels, etc that go from NY to NJ and receives money from both states
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centralist position
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believe in a very strong national gov w/ broad powers
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decentralist postion
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strong supporters of the 10th Amendment and believes national gov should stick to enumerated powers
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techniques of federal control
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federal grants and mandates
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federal grants
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federal gov gives out more than $600 billion per yr to the states
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Why does the federal gov. give out federal grants?
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-to manipulate the states into doing things by giving grant money -for states to solve local problems (ex.-roads, education) -to help equalize the state's resources -so states will take on projects that federal gov doesn't want to
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types of federal grants
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categorical-formula block project
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Categorical-formula grants
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federal gov gives states money but has a lot of conditions or a specific purpose and an expiration date -like a gift card rather than cash ex.-special education in rural counties -can lead to wasteful spending
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block grant
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few restrictions and broad purpose ex.- education -like cash, not a gift card
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project grant
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made available to an individual or group ex.- research (medical research) ex.- Pell Grants: grants for college if parents don't meet certain financial criteria
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Federal Mandates
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laws that require states to take action and are usually unfunded ex.- Americans with Disabilities Act, No Child Left Behind Act
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Americans with Disabilities Act
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1. can't discriminate against handicapped in hiring practices if otherwise qualified for the job 2. states have to make all public facilities handicap accessible
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Problems with ADA
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states didn't have enough money to carry out provision 2
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No Child Left Behind Act
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1. Teachers have to be highly qualified 2. By 2014, 100% of students will read at or above grade level 3. required schools show progress each year (standardized test scores meeting requirements)
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Problems with No Child Left Behind
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it costs too much money that school didn't have
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types of mandate/penalties
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direct orders cross-cutting requirements crossover sanctions preemptions
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direct orders
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must be complied with under threat of criminal or civil sanction (do it or go to jail)
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cross-cutting requirements
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if states don't comply with even a portion, then they get all of their funding cut off
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crossover sanctions
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permits federal money in one program to influence state and local policy in another ex.- if states don't raise legal drinking age, they get their highway funds cut off
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preemption
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federal gov purposely creates law that conflicts with state gov so that the Supremacy Clause kicks in
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Welfare Reform Act (1996)
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gave states money to come up with their own welfare policy with 2 conditions: 1. people can't get more than 2 consecutive years of benefits 2. people can't get more than 5 years of benefits in their lifetime -after 5 years of federal money, state gives benefits
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Clean Air Act (1990)
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gives EPA power to regulate what goes into the air
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Civil Rights Act of 1990
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says you can't discriminate against people on the basis of race, gender, or ethnicity
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Barron vs. Baltimore (1833) case
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Barron lived and owned a dock business in the city of Baltimore. Baltimore was expanding (digging up dirt and trees, etc.) and dumped the waste in the water at Barron's dock and ships couldn't dock there Baltimore wouldn't compensate Barron Barron sues Baltimore for violating 5th Amendment (Eminent Domain: gov must compensate you if they take your property)
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Barron vs. Baltimore ruling
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Supreme Court rules in favor of Baltimore because the Bill of Rights only protects you from the federal gov, not the states and Maryland's Constitution didn't have an eminent domain provision
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Barron vs. Baltimore impact
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Up until this case, everyone just assumed that US Constitution protects you from national and state gov, but John Marshall says otherwise (forcing selective incorporation and due process clause - 100 yrs later)
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14th Amendment Due Process Clause
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says that states can't deny you life, liberty, or property without due processes of the law
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What is liberty defined as?
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freedoms of the Bill of Rights
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selective incorporation
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Supreme Court would apply a freedom to protect you from both federal and state governements
