Chapter 3: Federalism
Why Federalism Matters? The Founding Federalism Nationalism shares power with state government. Most political conflict arises from these two governments.
Why Federalism Matters? The Founding The Elastic Clause Found in article I known as the “necessary & proper” clause. The Major Fight Hamilton pushed for national power. Jefferson pushed for state power.
The Meaning of Federalism McCulloch v. Maryland Maryland tried to tax the National Bank. The points of the ruling Maryland could not tax a national institution. Congress did have the power to create a national bank, upholding the elastic clause.
The Meaning of Federalism Nullification Alien & Sedition Act Federalists attacked Democratic-Republican newspapers.
The Meaning of Federalism Nullification Alien & Sedition Act Madison & Jefferson responded with the Virginia & Kentucky Resolutions claiming the states could nullify unconstitutional measures. Jefferson’s election of president caused the issue to die.
The Meaning of Federalism Nullification Federal tax to restrict slavery. John C. Calhoun of South Carolina reinstituted the concept. The issue was settled with the Civil War.
The Meaning of Federalism Dual Federalism The concept claims that both the national government and state government were supreme in their own sphere. Gave rise to interstate and intrastate concepts.
The Meaning of Federalism State Sovereignty United States v. Lopez (1995) ruled that Congress exceeded its authority by banning guns in school zones based on interstate commerce.
The Meaning of Federalism State Sovereignty United States v. Morrison (2000) ruled that women could not sue attackers, federally, for a violent crime based on interstate commerce. Antonio Morrison
The Meaning of Federalism State Sovereignty Printz v. United States (1997) ruled that under the 10th Amendment Congress could not force state governments to carry out federal regulatory programs.
The Meaning of Federalism State Sovereignty Alden v. Maine (1999) ruled that state employees could not sue to force state compliance with federal fair labor laws.
The Meaning of Federalism State Sovereignty Federal Maritime Commission v. South Carolina Ports Authority (2002) upheld the concept of dual sovereignty stating that states “did not consent to become mere appendages of the federal government.” The port of Charleston, SC
The Meaning of Federalism State Sovereignty Police power is commonly associated with state power/government.
State Powers Initiative is the idea that the people can place issues directly on the ballot.
State Powers Referendum is the idea that voters can directly strike down measures of the legislature.
State Powers Recall refers to the power of the people removing an elected official from office.
Federal-State Relations Grants-in-aid are programs in which the federal government pays for the program, but the state governments run them. Categorical grants occur when the federal government stipulates what a grant must be used for.
Federal-State Relations Bloc grants were created to loosen up restrictions made by categorical grants. Conditions of Aid Mandates are the rules to be given aid. Waiver grants permission to violate a law or an administrative rule.
Federal-State Relations Devolution is the concept of giving states back power that was under federal control.