Chapter 3 Review Power Point on Federalism

The entire set of interactions between national, state, and local governments – including regulations, transfer of funds, and the sharing of information – that constitute the workings of the federal system.

Intergovernmental Relations

A central government that holds supreme power within a nation.

Unitary Governments

Which kind of federal grant involves allocating money based on population?

Formula Grant

Which Supreme Court case established that the national government had the authority to regulate interstate commerce? Gibbons vs. Ogden 1824

The division of powers between the National and States governments.

Federalism

Powers not listed in the Constitution.

U.S. vs. Morrison - 2000 Does Congress have the authority to enact the Violence Against Women Act of 1994 under either the Commerce Clause or Equal Protection Clause of the Fourteenth Amendment? Answer was no. The Violence Against Women Act of 1994 was ruled unconstitutional. This case did not involve interstate commerce and the protections of the 14th Amendment do not constrain private individuals, so the “state action” doctrine” did not apply.

Implied Powers

Which clause from Article VI of the Constitution makes the national government preempt state and local laws?

Supremacy Clause

Baker vs. Carr 1962 Did the Supreme Court have jurisdiction over questions of legislative redistricting or attempts to change the way voting districts are drawn up? If yes, this would allow courts to intervene in and to decide redistricting. The Supreme Court ruled that the Fourteenth Amendment equal protection issues raised in this case were within the court’s jurisdiction.

The pattern of spending, taxing, and providing grants in the federal system; it is the cornerstone of the national government’s relations with state and local governments.

Fiscal Federalism

Powers listed in the Constitution.

Enumerated or Expressed Powers

What are the two powers given to the national government from the Constitution.

Enumerated and Implied Powers

Powers saved for the states.

Reserved Powers

Powers shared by the states and the National government.

Concurrent Powers

State and local governments derive their power from this.

The Constitution

In the 1980s and 1990s Republicans moved to return administrative authority for programs to the states. This was known as ___________.

Devolution (Revolution)

McCullough vs. Maryland - 1819 This case involves the Supremacy and Necessary and Proper Clauses. Primary issue is the Supremacy Clause. SC says Congress has the implied power (Necessary and Proper Clause or “Elastic Clause”) to create a national bank because of its power over financial matters as expressed in the Constitution.

The national and state governments were viewed as very distinct with little overlap. The form of Federalism for most of the history of the U.S.

Dual or “Layer Cake” Federalism

This form of Federalism began in the 1930’s and involves greater cooperation and collaboration between the levels of government, but with policy changes typically. AKA “Marble Cake Federalism.”

Cooperative or “Marble Cake Federalism”

The type of grant from the national to state governments has been favored in recent years and has few spending guidelines.

Block Grant

Which amendment states that powers not granted to the national government are reserved to the states, but also limits the power of states.

10th Amendment

Which Supreme Court Case ruled that the National Government had exceeded its power to regulate interstate commerce when it dealt with firearm possession on a school campus. U.S. vs. Lopez 1995

Which clause of the Constitution creates an obligation of one state to recognize and give effect to the public acts, records, and judicial proceedings of her sister states.

Full Faith and Credit Clause

Which type of federal grant is used provided for a specific purpose, such as mass transit w/in the transportation budget or school lunch w/in the educational budget.

Categorical Grant

This requires states to treat non-state residents within their borders as they would treat their own residents.

Privileges and Immunities Clause

Which Supreme Court Case ruled that same sex marriages are protected under the Due Process Clause of the Fourteenth Amendment. That it guarantees the right to marry as one of the fundamental liberties it protects, and that analysis applies to same-sex couples in the same manner as it does to opposite-sex couples. Obergefell v. Hodges, 2015

What is the term from the Constitution that requires states to return a person charged with a crime to the state in which the crime was committed.

Extradition