Chapter 3 ReviewChapter 3 Review

FederalismFederalism What is it?

A type of of government with a separation of powers between the national and state governments

Why is it important? ◦ Decentralizes our politics

◦ Decentralizes our policies Federal and state governments handle different problems.

• National Government focuses more on:• Economy• Health care• Food/medicine safety• Environment• Social Security

• State Government focuses more on:• Crime• Welfare• Education

Different Types of Different Types of Government Government Unitary v Federal v

Confederate

Supremacy ClauseSupremacy Clause Article VI of the Constitution states the following are supreme:

The U.S. Constitution Laws of Congress Treaties

10th Amendment ◦ Limits powers of the national government◦ Reserved powers to the states◦ Creates

Garcia v San Antonio Metro (1985)◦ About the National Fair Labor Standards Act◦ Ruled that the 10th Amendment did not give states power superior to

that of the national government for activities not mentioned in the Constitution

• Exceptions: United States v Lopez◦ Case:

Related to the Gun-free School Zones Act (1990) Supreme Court ruled that regulating guns is not commerce This is a state not national power Asserted that Congress does not have the right to make certain

laws

1111thth Amendment Amendment Chisholm v Georgia

◦ Said that individuals CAN sue the state◦ Because of this ruling, Congress created the 11th Amendment

State sovereign immunity ◦ States are immune from being sued in federal court ◦ Can consent to be sued

Congress can repeal the immunity of the states…◦ If the issue is involving discrimination◦ Under the 14th Amendment – Equal Protection Clause

Americans with Disabilities Act 1990◦ Allows states to be sued for damages by private citizens when the state

fails to provide reasonable accommodations◦ Case: Board of Trustees of the University of Alabama v Garrett ◦ Ruling: Congress could not include part of the law that said individuals

could sue businesses and states for violating the ADA◦ Consequence:

Congress can only create injunctions

Four Key EventsFour Key Events Four events have settled how national and state powers are related are:

1. McCulloch v. Maryland (1819)◦ Maryland claimed that Congress did not have the power to create a national bank and

therefore could not tax Baltimore’s branch◦ Ruling:

Supreme Court ruled that Congress is allowed to create a national bank Because of the Necessary and Proper Clause, which created implied powers

◦ Set forth two great Constitutional principles:

2. Gibbons v. Ogden (1824)◦ Defines commerce as all commercial activity◦ This includes: trading, buying, selling, services, the movement of goods

3. The Civil War (1861-1865)• Struggle over states rights• Asserted power of the federal government over the states

4. Brown v. Board of Education (1954)

• Shows superiority of national government over states• Executive branch must enforce the Supreme Court decision• Must order states to integrate

Article I, Section 8: Enumerated Article I, Section 8: Enumerated PowersPowers

Article IV of the Article IV of the ConstitutionConstitution

Section. 1. Full Faith and Credit shall be given in each State to the

public Acts, Records, and judicial Proceedings of every other State. ◦ Exception:

Section. 2. The Citizens of each State shall be entitled to all Privileges

and Immunities of Citizens in the several States.◦ Exception:

A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.

From Dual Federalism to Cooperative From Dual Federalism to Cooperative FederalismFederalism

Layered cake

Separate

Powers of national government

National and state governments remain supreme within their own spheres

Marbled cake

Powers are shared

Shared costs and administration

Dual Federalism 1800s – 1930s Dual Federalism 1800s – 1930s

Dred Scott v Sanford (1857)◦ Ruling – Missouri Compromise is unconstitutional◦ Congress had no right to abolish slavery in the new territories

Remained the Supreme Court's framework for federalism and the prevailing notion in the Reconstruction and Progressive Era

FDR’s New Deal Created a cooperative relationship This is often called picket-fence federalism◦ Grants-in-aid monies flooded states for public works projects, work programs,

relief agencies

•Ronald Reagan• Wanted states to have more power• Wanted to decrease the power of the national government

•Congressional Republicans • 1994 – Devolution• More power to the states • Example:

Cooperative Federalism 1930s - Cooperative Federalism 1930s -

The Devolution Revolution 1980s – The Devolution Revolution 1980s – 1990s 1990s

Federalism and EducationFederalism and Education Federal government involvement in education

Morrill Land Grant Acts established state universities

National Defense Education Act gave money for science programs

Elementary and Secondary Education Act

No Child Left Behind Act◦ Expansion of federal government ◦ Standards◦ Mandates◦ Underfunded

Grants in Aid (aka Grants)Grants in Aid (aka Grants) In the Beginning – Land grants (for state universities)

Then– Cash grants (to states for militias) Small in the beginning 1960s – number of cash grants increased

Now – funds hundreds of programs Including giant Medicaid

National government pays the bills and states run the program

Attractiveness of federal grants Fed government has money Money

Universalism When Washington wants to send money to one state or

district, it must send money to many Example: After 9/11, Fed Govt sent money to cities to

prevent terrorism But had to send it to big AND small cities

Two Major Types of Two Major Types of Federal Aid Federal Aid

Categorical Grants

• Ex: money to build an airport

• Usually requires states to put up money to “match” the federal money

• Example: Washington D.C. pays about 90% of construction costs and the states pay only 10%

• Conditions on use• Disliked by the states• For a very narrow purpose• Non-discrimination

provision• Crossover sanctions• Crosscutting requirements

Block Grants

• Fewer restrictions on its use• Gives states freedom

on how to spend the money

• Example:• Consolidates grant

programs aimed at cities

Competition Among the Competition Among the StatesStates

For money

Snowbelt v Sunbelt

Lobbying◦ By Governors, Mayors, Superintendents, highway

commissioners, local police chiefs◦ People who are dependent on federal money ◦ Goal:

Formula Grants◦ Take into account

County and city population Personal income in the area Housing quality Importance of the census

MedicaidMedicaid One of the largest federal grant programs

Finances the majority of medical and long-term care services for low-income and disabled adults and children

Each state was entitled to federal dollars based on the amount of money to paid to poor families and individuals◦ Example of a formula grant (which is a categorical grant)

Funded by federal government and administered by the states

Conditions of Aid◦ Federal government made states expand their coverage in order

to get federal funds

MandatesMandates Form of control – National government tells the state

government what it must do, even if it does not receive federal money

Most mandates center on civil rights and environmental protection

Example: Americans with Disabilities Act (1990)◦ Mandate that required businesses, state and local governments

to provide disabled with equal access to services, buildings…◦ Problem: no clear-cut definition of equal access◦ No estimate of how much it would cost

Unfunded and Underfunded mandates

a. Overrule the president’s veto

b. Pass laws necessary to carry out its assigned powers

c. Form an unlimited number of committees and subcommittees

d. Check the power of the Supreme Court by approving the president’s nominees for justices

e. Regulate money and control the budget

The elastic clause gives Congress the The elastic clause gives Congress the authority toauthority to

a. Power is concentrated in a central government that oversees policymaking and the enforcement of laws

b. Power is shared among state governments in such a way that all states must recognize and respect the laws of other states

c. Power is divided among levels of government so that more than one level has authority over a body of people

d. Power is relegated primarily to local governments

e. Power is vested mostly in state governments

Which of the following statements is Which of the following statements is true of a federal system of true of a federal system of government? government?

a. That a marriage performed in Las Vegas be valid in other states

b. That a driver’s license serve as identification when a person travels across state lines

c. That a divorced parent pay child support even if his or her children reside in another state

d. That a birth certificate issued by any state can be used to open a bank account

e. That something against the law in one state is against the law in all other states

The full faith and credit clause would The full faith and credit clause would require all of the following EXCEPTrequire all of the following EXCEPT

a. Comply with some federal regulations

b. Hire federal employees to oversee the program

c. Be approved by the Supreme Court

d. Return a percentage of the funds as profit

a. Apply to the Department of the Treasury

To receive federal funding, state To receive federal funding, state programs usually must programs usually must

a. The Tenth Amendment

b. The Supremacy Clause

c. The rights of the accused

d. The privileges and immunities clause

e. Dual federalism

A resident of New Mexico is robbed while he A resident of New Mexico is robbed while he is visiting relatives in Texas and calls the is visiting relatives in Texas and calls the local police, who later find the culprit. This local police, who later find the culprit. This is an example of is an example of

a. The president decides and issues an executive order

b. A federal court rules on the matter

c. Congress votes to determine who has the authority

d. The state legislatures must decide whether to overrule the federal government

e. The federal and state governments must share authority

When it is unclear whether an issue falls When it is unclear whether an issue falls under the jurisdiction of the federal or a under the jurisdiction of the federal or a state governmentstate government