Constitution #

The Shrinking 10th Amendment

Quick Review1. This type of government gives the majority

of the power to the states.2. This type of government shares power

between the nation and the states.3. This compromise created a bicameral

Congress which satisfied both large and small states.

4. These powers are given to the states.5. These powers are shared by both the

nation and the states.

Federalism is the of power between the

and the .

McCullough v. Maryland (1819)

• This court case determined that this clause: of the Constitution allows for Congress to stretch its powers beyond what is written in the Constitution. (aka loose constructionist)

Gibbons v. Ogden (1824)

• Ferry between New Jersey & New York

• Gibbons received a license from the federal gov

• Ogden received one from NY

• Who gets it?

• Constitution gives Congress the power over interstate commerce (trade between states) thus Gibbons wins!

Dual Federalism

• Aka layer cake

• Separate powers for state and national governments

• Allows states to make many of their own decisions without federal interference

Examples of Dual Federalism

• Allows businesses to create monopolies, low wages, etc.

• Plessy v. Ferguson (1896)– Plessy: 1/8 black, sits in white compartment of

a train, arrested, convicted– States could allow for “separate but equal”

facilities

National Government Fights Back!

• FDR & his New Deal begin to challenge states’ rights by creating new federal laws such FDIC (bank insurance)

• Cooperative Federalism: Federal & state governments work together (who has the power when is not always clear)

• AKA marble cake

Heart of Atlanta Motel v. U.S. (1964)

• If you own your own business can you refuse the right to serve any one you want?

• An owner of hotel in Georgia says YES!

• The federal government passed a law that says – businesses cannot discriminate

• Who’s right?

• Page 315

And the winner is…

• Congress:– Commerce clause: Congress can make rules

affecting any kind of commerce between 2 or more states

– If you know hotels in Georgia will refuse to serve you, you will not go, and your money will stay home thus affecting the economy of Georgia

So, if…

• Congress can regulate any kind of commerce that crosses state lines, what does that include?

• What then can Congress NOT regulate?

• Does this leave Congress with ALL the power?

Let’s see…

• U.S. v. Lopez (1995)

Significance of Lopez

• Devolution: power returning to states from federal go – Commerce Clause: cannot encompass

everything– 10th Amendment: states do reserve some

powers

• Judicial Review: Power of courts over other 2 branches (checks & balances)

FiscalFiscal (taxing & spending) Federalism

• Sharing of federal monies (revenue – money coming in via taxes) with states– A way to ensure that states comply with

federal laws

Grants-in-Aid

• Money given to states for the following reasons:

1. Revenue: states need money

2. Minimum National Standards– Civil Rights Act of 1964: Antidiscrimination laws

(Commerce Clause)

3. Equalize resources b/w rich and poor states

4. Solve national issues w/o federal agencies: let the states do it!

Types of Grants-in-Aid1. Categorical Grants:

• Strict guidelines (states like least)• Matching funds• Ex: School Lunches

2. Block Grants:• Less strict, provides only broad guidelines

(states like)• Ex: Transportation funds• Ex: Welfare funds

3. Revenue Sharing: • States receive a % of federal revenue• No guidelines – states really liked! • Ended in 1987

Conditions of Aid (Rules Attached)

1. Mandate: states must obey

2. Unfunded Mandate: states must obey but are not given money to comply with order

• Americans with Disabilities Act (1990): ADA• Gideon v. Wainright (1964)

3. Cross-over sanction • Surface Transportation Act: highway monies and

drinking age (MADD)• Cannot enforce this law, only ask states to comply

and give them money if they do

Is federalism a good idea?

• Fed– Different ideas from

states– Splits power – Doesn’t give too much

power to the nation– Factions don’t get

control (MADISON!! – States have a voice!

• Unitary – Avoids conflicts b/w

states & nations– States only carry out

laws – Same laws – not

confusing– Everyone is treated

equally

Should the United States replace its current federal system with a

unitary form of government?

Yes or no? Give 3 reasons for your

answer.

Essay Time: Is a federal system of government

better than a unitary system of government ?• Reminders:

– Include a thesis• Due: at end of period

– 5 Paragraphs: Intro, 3 Body, Conclusion

– Use your writing handbook (Online at Leuzinger’s website)

– Avoid abbreviations!

Intro’sIntro’s • How to start an essay:

– Questions = good but don’t use the same question as the essay top

– Essay topic = Should minors receive the death penalty?

• Don’t start with this question BUT say instead…Why is that the United States is one of the few countries in the world that executes its young people?

– Include topic and a hint at your opinion in the opening statement or question

– Intro’s should be 3-4 sentences BEFORE your thesis - which should be only 1 sentence