| A | B |
|---|
| advantage of federalism over unitary and confederate structures | provides a good balance of power between state and national governments |
| federal vs. "federal" | Federal - shared power between national and regional governments / "Federal" - the national government |
| benefits of federal structure | 1) restrain national power 2) unity without uniformity 3) allows for state "experimention" 4) keeps government closer to the people |
| main source of state power | 10th Amendment: reserved powers |
| main sources of federal power | Expressed powers / Elastic Clause / Supremacy Clause / Commerce Clause / 14th Amendment's enforcement power |
| implied powers | they come from the Necessary and Proper Clause which must be linked to expressed powers |
| inherent powers | assumed or obvious powers of any sovereign government |
| reserved powers | state powers from 10th Am |
| expressed powers | powers listed in the Constitution |
| Full Faith and Credit Clause | states must honor civil agreements of other states |
| extradition | states must return crime suspects who fled from their home state |
| interstate compact | an agreement between two states aimed at resolving a shared problem |
| ex post facto law | "retroactive" law |
| writ of habeas corpus | the right to be brought before a neutral judge to determine why the police are detaining you |
| McCulloch v. MD | MD told it could not tax Nat'l Bank / Supremacy Clause upheld / elastic clause used to uphold Constitutionality of Bank |
| Gibbons v. Ogden | Commerce Clause stretched to include the transportation of commerce |
| 14th Amendment | 1) Dues Process Clause incorporates Bill of Rights to State procedures 2) Equal Protection Clause 3) Congress can make laws to carry out enforce clauses |
| three main eras of Federalism | Dual Federalism (layer cake) > Cooperative Federalism (marble cake) > New Federalism (devolution revolution) |
| grants | federal money given to state and individual for specific or general purposes |
| block grant | chunks of federal money given to states for them to use as needed |
| formula grant | federal money received based on a qualifying formula (e.g. free lunches) |
| categorical grants | federal money given for specific categories of need (welfare, education, crime prevention, etc.) |
| legislative pork | federal money earmarked for local projects that provide a political benefit to local congressman |
| commerce clause | an expressed power of Congress that has been stretched over the years and has empowered them to pass all sorts of laws that are indirectly related to commerce |
| U.S. v. Morrison | the Violence Against Women Act is not related to commerce |
| U.S. v. Lopez | a Gun Free School Zone law is not related to commerce |
| the Gideon case | right to an attorney is incorporated into state criminal procedures |
| the Miranda case | your right to be informed of your rights upon arrest is incorporated into state criminal procedures |
| Unfunded Mandate Reform Act | an attempt to provide some accountability and openness to federal mandates |
| New Federalism | congressional power has been curtailed in by the Supreme Court; power is "devolving" back to the states (the so-called Devolution Revolution) |
| Dual Federalism | separate, distinct, and mostly equal layers of power between state and national government |
| Cooperative Federalism | overlapping power between state and national government with the national government usually reigning supreme |
| Centralist | typically Democrats who believe the government is there to protect us from greedy businesses and narrow-minded state laws |
| Decentralist | typically Republicans who believe that a big central government is a threat to individual liberty and that the state is a better protector of that liberty |
| Barron v. Baltimore | An 1833 eminent domain case in which the Supreme Court ruled that the Bill of Rights did not apply to state violations of your rights |
| Wickard v. Filburn | A 1942 Supreme Court ruling that expanded the Commerce Clause by stating that intrastate commerce can still impact the aggregate of interstate commerce; used as a precedent in 2005 in a medical marijuana case |
| nullification | this occurs when a state refuses to obey a federal law |
| DOMA Law | Defense of Marriage Act: federal law defining marriage as between a man and a woman |
| factors contributing to the growth of the federal government | expectations of government grow during Great Depression / Great Society tries to solve problems that have a nation scope / World War II and Cold War expand power of government / Warren Court expands reach of court decisions |
| three main categories of activities of interstate commerce | channels / instrumentalities / substantial relation to commerce |
| immunities and privileges | basic rights of citizenship that states cannot deny to people |
| Warren Court | The Supreme Court led by Chief Justice Earl Warren: it expanded federal judicial power over states |
| three categories of commerce | 1) channels 2) instrumentalities 3) substantial effect |
| welfare reform | an early example of devolving power to states by giving them more control over their welfare programs |
| purpose of federal grants | extra money to states / equalize resources / set national standards / attack national problems at a local level |
| Obama's health care plan: The Mandate | upheld by the Court using the taxing power of Congress |
| Arizona's immigration laws | a power struggle between the state of federal government over a federal power: the Court upheld parts of it and preempted other parts |
| types of federal coercion | direct orders / cross-cutting requirements / cross-over sanctions / preemption |
