Federalism

Unitary System (e): system of government where the local and regional governments derive all authority from a strong national government (ex. Great Britain)

Privileges & Immunities Clause: part of Article IV of the Constitution guaranteeing that the citizens of each state are afforded the same rights as citizens of all other states

10th Amendment: final part of the Bill of Rights that defines the basic principle of American federalism in stating: “The powers not delegated to the United States by the Constitution, not prohibited by it to the states reserved to the states respectively, or to the people.”

Reserved Powers: powers reserved to the states by the 10th amendment that lie at the foundation of a state's right to legislate for the public health and welfare of its citizens.

Concurrent Powers (e): authority by both the state & national governments that may be exercised concurrently as long as that power is not exclusively within the scope of national power or in conflict with national law (Ex. Taxing)

Full Faith & Credit Clause: portion of article IV of the Constitution that ensures judicial decrees and contracts made in one state will be binding and enforceable in any other state.

McCulloch v. Maryland (1819): The Supreme Court upheld the power of the national government and denied the right of a state to tax the bank. The court's broad interpretation of the necessary and proper clause paved the way for later ruling upholding expansive federal powers.

Gibbons v. Ogden (1824): The Supreme Court upheld broad congressional power to regulate interstate commerce. The Court's broad interpretation of the Constitution's commerce clause paved the way for later rulings upholding expansive federal powers.

Commerce Clause (s): used to justify a great deal of federal legislation, including regulation of highways, the stock market, and even segregation.

Dual Federalism: the belief that having separate and equally powerful levels of government is the best arrangement

NLRB v. Jones and Laughlin Steel Co. (1937): Authorized collective bargaining between unions and employees; upheld the constitutionality of the national labor relations act of 1935

Cooperative Federalism: the relationship between the national and state governments that began with the New Deal

Surface Transportation Act: withheld 5% of the federal highway funds from states that failed to pass legislation prohibiting persons under the age of 21 from drinking alcoholic beverages

Categorical Grants: grant for which congress appropriates funds for a specific purpose

Great Society (p,s): broad attempt to combat poverty & discrimination; federal funds channeled to states, local governments, and citizen action groups; altered the fragile federal /state balance of power

New Federalism: federal/state relation proposed by Reagan administration during the 1980s; hallmark is returning administrative powers to the state governments

Reagan Revolution: Reagan administration's budget and its policies dramatically altered the relationships among federal, state, and local governments – federal aid to state and local governments declined for the first time in 30 years.

Block Grant: broad grant with few strings attached; given to states by the federal government for specified activities such as secondary education or health services

Devolution Revolution: scaling back the federal government in 1994; caused republicans to take back the House of Representatives

Unfunded Mandates (e): National laws that direct states or local governments to comply with federal rules or regulations (such as clean air or water standards) but contain no federal funding to defray the cost of meeting these requirements (ex. Clean water act and the safe drinking water act)

No Child Left Behind Act (p): higher education standards, greater school accountability, ensuring qualified teachers, closing the gap in student achievement.

Preemption: a concept derived from the Constitution's supremacy clause that allowed the national government to override or preempt state or local actions in certain areas.

Webster v. Reproductive Services(1989) (s): encouraged states to fashion more restrictive abortion laws – which actually happened.

U.S. v. Lopez (1995): Court ruled that congress had constitutional authority under the commerce clause to regulate guns within 1000 feet of a school – local gun control in schools was a state, not a federal, matter.

Printz v. U.S. (1997): Congress lacks the power to compel state officers to execute federal laws.

Sovereign Immunity: The right of a state to be free from lawsuit unless it gives permission to suit, under the 11th amendment all states are considered sovereign.


Discussion

• Privileges and Immunities: States can't discriminate against people of other states
◦ Exception: College Tuition Costs
• Full Faith & Credit Clause: One state has to respect the judicial rulings of another
◦ Exception: Defense of Marriage Act
• Unitary System: Policy-making power is in the hands of the national government; homogeneous
• Reserved Powers: powers of the state; 10th amendment
◦ Exception: Ratifying Constitutional Amendments
• Prominent Concurrent Powers: tax, establish courts

• John Marshall's Court ( 1801-1836): builds foundation for national power
• McCulloch v. Maryland (1819): Could Congress form the National bank? Could Maryland tax it?
◦ The court upheld the use of implied powers and the supremacy of federal law
◦ The court's broad interpretation of the necessary and proper clause and the supremacy clause paved the way for later rulings upholding expansive federal powers
• Gibbons v. Ogden (1824)
◦ Struck down a NY law that granted a steamboat monopoly on the Hudson River
◦ Only congress held power over interstate commerce, not states.  

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