| A | B |
|---|
| Early Federalists | John Jay and Alexander Hamilton |
| States' rights view holds that | the Constitution is a compact among the states |
| States' rights argue that states created the national government | and gave it only certain limited powers. |
| The national government is an | agent of the state |
| Two different views of how federalism should operate | states' rights position and nationalist position |
| State's rights believe state governments are _____ to the people | closer |
| Under Chief Justice Roger B. Taney | the Court often supported the states' rights against powers of the national government. |
| The nationalist position rejects the idead | of the Constitution as merely a compact among the states. |
| Nationalists deny | that the national government is an agent of the states |
| Nationalists argue that | it was the people, not the states, who created both the national government and the states. |
| A major factor shaping the development of American federalism has been the | growth in the size and power of the national government |
| The expansion of the national government's powers has been based on three major constitutional provisions: | 1. war powers; 2. power to regulate interstate commerce; and 3. the power to tax and spend |
| The national government has power to | wage war |
| Courts interpret commerce | to mean nearly all activities concerned with the production, buying, selling, and transporting of goods. |
| Civil Rights Act of 1964 | forbidding racial discrimination in public accomodations, such as hotels and restaurants |
| 16th Amendment | gave Congress the power to tax incomes |
| Income tax levied on individual earnings has become the | major source of money for the national government |
| Tax purposes | 1. May be used to regulate businesses; 2. May use taxes to influence states to adopt certain kinds of programs |
| Two majkor ways for Congress to influence the policies of state and local governments | 1. providing money through various federal grants; 2. imposing mandates that take away, or preempt the ability of state and local governments to make their own policies |
| The main way for the national government to provide money to the states | federal grants |
| Federal grants are | sums of money given to state or local governments to be spent for a variety of specific purposes |
| Preemption | the power to assume responsibility for a state government function, in order to gain authority over a state |
| Example of Preemption Law | Nutritional Labeling and Education Act in 1990 to establish food labeling standards |
| Preemption lasw limit the authority of state and local governments through | restraints and mandates |
| Restraint | requirement set by Congress that prohibits a local or state government from exercising a certain power |
| Mandate | a federal order requiring states to provide a service or undertake an activity in a manner that meets minimum national standards set by Congress |
| Those for states' right dislike the use of preemptions | because these laws may prevent the enforcement of a state or local law |
| Preemption laws do not require | Congress to pay for new mandates (laws) |
