Constitutional Foundations pt2

Federalism The powers of government are divided into four basic categories: 1. Delegated Powers/Expressed Powers – Specific powers that congress/federal government has. They are either written (enumerated), or implied through the Elastic clause. 2. Reserved Powers – Powers that belong to the states. It comes from the 10 th Amendment. 3. Concurrent Powers – Powers that both the state and federal government have. 4. Prohibited Powers – Things no government can do.

Supremacy Clause – The constitution is the Supreme Law of the Land (McCulloch v. Maryland) Dual Federalism/Layer Cake – Federal Government and the states do their jobs and don’t really work together. The Great depression leads to more control over the states. Cooperative Federalism/Marble Cake – States are now working with the Federal government to get things done. Fiscal Federalism – The idea where the federal government basically bribes the states into doing things by giving them grants.

National Declare War Maintain Armed forces Regulate interstate and foreign trade Establish Post offices Set Foreign Policy Coin Money Set Foreign Policy Shared Maintain Law and Order Levy Taxes Borrow Money Establish Courts Provide for the public welfare State Establish and maintain public schools. Establish local governments Assume other laws not designated to the federal government or prohibited by the states Regulate businesses within the state

Grants Block Grants/Revenue Sharing – Given by the government, but the states can spend them in almost any way they want. Conservatives/Republicans are more supportive. Categorical Grants - Grants that have specific requirements that must be met before you can get them. Liberals/Democrats are more supportive. Unfunded Mandates – the government requires states to do something, but they get no extra money for it. (Clean Air Act)

Commerce Clause – Congress can regulate interstate commerce. (Gibbons v. Ogden) Until U.S. v. Lopez the Supreme Court gave congress almost complete control over interstate commerce. The Government is now headed towards devolution, which is giving the states more powers. (Planned Parenthood v. Casey)

New Federalism – Type of federalism that began after Ronald Regan, where states are getting more power back. (Devolution) Unfunded Mandates Act – Prevents the government from passing too many unfunded Mandates. Welfare Reform Act – Part of Contract with America. States get block grants for welfare, and welfare can now run out after a few years.

Full Faith and Credit Clause – All states must acknowledge the records of other states (Defense of Marriage Act has made this difficult) Privileges and Immunities Clause – Everyone must be protected by the laws of each states, and treated equally no matter where you are from.

No government can: ◦Suspend the Writ of habeas corpus – deny you a trial ◦Pas Ex post facto laws – Punish you for something that was legal when you did it. ◦Grant titles of Nobility

Positives of Federalism – States can experiment with policies (laboratories) Local Leaders can address local problems, where citizens are closer to their politicians. Negatives of Federalism – To many people in charge of different issues Makes it difficult to create a national policy.