AP US GOVERNMENT AND POLITICS Federalism

Amending the Constitution Article V: Two Stages 1. Proposal: 2/3rds of each Chamber 2. Ratification: 3/4 of States Legislatures or State Conventions

Types of Powers 1. Delegated Powers 2. Enumerated/Expressed Powers 3. Reserved Powers 4. Implied Powers 5. Inherent Powers 6. Unenumerated Powers 7. Concurrent Powers

Concurrent Powers 1. Power to Tax 2. Establish lower courts 3. Regulate Commerce 4. Borrow Money

Inherent Powers 1. By virtue of being a sovereign nation and according to international law/standards, all countries can wage war, make treaties and acquire territory 2. Presidential Role 3. Inherent Powers=Powers not expressly stated in the Constitution 4. What is in the “best national interest” 5. Examples: Foreign Policy Leader Informal Powers

10 th Amendments Reserved Powers 1. Constitutional Basis for Federalism 2. Police Powers 3. Examples Public Morals General Health and Safety Education

McCulloch v. MD (1819) Marshall Court Background Did MD have the right to tax a national bank? Can the Congress charter a national bank? Ruling Article I, Section 8—Necessary & Proper Clause Article VI—Supremacy Clause Significance N&P Clause can be used to carry out expressed powers Expanded power of the National Government

Nullification 1. Utilized when federal law is deemed unconstitutional by the states 2. Judicial Review 3. Connection to Dual Federalism 4. Instances KY and VA Resolutions Against Alien and Sedition Acts (1798) Tariff of Abominations and John C. Calhoun Southern Succession during Civil War

Gibbons v. Ogden (1824) Marshall Court Background Ogden given exclusive license to run ferry service Gibbons given federal license Is navigation considered to be a part of commerce? What was the state and federal jurisdiction of commerce? Supremacy Clause Ruling Significance

Dual Federalism 1. Founding to New Deal 2. Layer-cake federalism 3. Connection with Nullification 4. National and State governments separate and defined roles 5. National and State governments have separate spheres of influence 6. National and state government and power relationship

Cooperative Federalism 1. New Deal to Great Society 2. Marble Cake Federalism 3. Caused by the Great Depression 4. National and state government have mutual goals 5. Characterized by a partnership btw national and state government 6. National and state government share administrative duties and cost

Types of Grants 1. Catagorical Grants and percentages 2. Catagorical Grants and interest group politics 3. Block Grants (Revenue Sharing) and percentages 4. General Revenue Sharing (abolished in 1995) 5. Conditions of Aid 6. Mandates—Funded and Unfunded 7. Intergovernmental Lobbies 8. Interest groups, grants and preferences

Creative Federalism 1. Great Society 2. Marble Cake Federalism 3. Central Issues: Housing, Poverty, Drugs, Education, Health Care and Social Issues 4. National Government create grants-in-aid programs 5. National and state governments work extensively together 6. National Government’s power supersedes states 7. Catagorical Grants and Block Grants used

New Federalism 1. Nixon—Present 2. Competitive Federalism and Fiscal Federalism 3. Extensive use of Catagorical and Block Grants 4. National Government supersedes states 5. State get some power back through greater use of Block grants 6. Mandates and Conditions of Aid 7. Devolution