SUPREMACY CLAUSE: Article VI, Sec 2 states that …mrwrightlnhs.weebly.com/uploads/2/3/1/3/23138098/apgov_federalism.… · Necessary & Proper/elastic clause: Article I, Sec 8 gives
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THE CONSTITUTIONALITY OF FEDERALISM
SUPREMACY CLAUSE: Article VI, Sec 2 states that the
Constitution, all laws passed by Congress and
treaties shall be the supreme law of the land.
Necessary & Proper/elastic clause: Article I, Sec 8
gives Congress the power to make all laws
“necessary and proper” to carry out its delegated
powers.
COMMERCE CLAUSE: Article I, Sec 8 gives congress
the power to regulate trade between states,
foreign countries, Indian tribes etc.
FULL FAITH & CREDIT CLAUSE: Article IV, Sec. I states that
the states must respect each other’s public acts,
records, and judicial proceedings
Privileges and immunities clause: Article IV, Sec. II:
Ensures that a person from one state will be treated in
the same manner as a resident of another state .
***Tenth Amendment***: Reserves all powers not
enumerated to the federal government to the states.
BENEFITS of Federalism
Protects against the tyranny of the majority
Promotes unity without uniformity
States become laboratories for new policy ideas
Encourages political participation
Original intent: ***dual/layer cake federalism
Each level has specific powers
(1790s-1930s)
Today: ***Cooperative/Marble Cake Federalism
Shared powers & responsibilities
(1930s-PRESENT)
FEDERAL
GOVERNMENT
STATE
GOVERNMENTSFederal and
State Govts.
(CONCURRENT
POWERS)
(Delegated Powers) (Reserved Powers
10th Amend.)
Regulate foreign and interstate commerce
Coin (produce) money
Provide armed forces
Declare War
Establish Federal courts below Supreme Court
Foreign Relations
Levy Taxes
Borrow Money
Spend for General Welfare
Establish Courts
Enact & Enforce Laws
Regulate intrastate (internal) commerce
Establish Local Government systems
Administer Elections
Protect public health, welfare and morals
The power of the federal government over the states has
grown primarily due to three clauses of the Constitution:
SUPREMACY CLAUSE
Necessary & Proper Clause
Commerce Clause
The states have resisted federal encroachment with the
10th Amendment
McCulloch v Maryland: Established federal supremacy
Relevant Clauses: Supremacy; Necessary & Proper
Gibbons v Ogden: Established federal supremacy over
interstate commerce.
Relevant Clauses: Commerce Clause
Heart of Atlanta Motel v U.S.: Congress may use the
commerce clause to force some private businesses to
desegregate
Relevant Clauses: Commerce Clause
U.S. v Lopez: Limited congress’ use of the commerce clause
Relevant Clauses: Commerce Clause; 10th Amendment
Grants-In-Aid
3 types
I. Formula grants ($$$ X #OF POOR PEOPLE)
II. Project Grants (States submit proposals)
III.Block Grants (States have discretion on how to
spend the $$$)
Conditions of Aid: States must follow federal
guidelines in order to receive money
Examples:
States must implement federal testing guidelines
to receive education money
States must follow USDA guidelines for school
meals.
POSITIVE INTENT
Civil RIGHTS legislation
Osha rEGULATIONS
EPA (Environmental Protection Agency) Rules
ADA
Negative Impact
Often unfunded
Federal courts Can mandate state actions
through court decisions (School busing, Prison
Reform)
Often reflect federal not state goals
BLOCK GRANT
MEDICAID
UNEMPLOYMENT
WELFARE
JOB TRAINING
Feds determine the size of the pie
State determines the size of each slice
DEVOLUTION
Transferring responsibility/power from the feds
back to the states.
WHY?
Distrust of the federal government
Federal spending seen as wasteful
Belief that state governments know better how
to meet local problems.
HOW?
Block Grants
SCOTUS 10th Amendment Rulings
EX: U.S. v. Lopez (1995)
States resemble direct democracies more-so than
republics because citizens often have direct
control over the fate of laws.
Three ways citizens can exercise their power are:
Referendum:
A proposal by citizens to repeal an unpopular law.
Example: Referendums on repealing state adoption
of Common Core standards.
INITIATIVE:
Citizens directly proposing and voting a law or state
constitutional amendment into effect.
Example: Michigan’s vote to legalize medical marijuana began
as a ballot initiative.
Recall Election:
Citizens CALLING FOR A SPECIAL ELECTION TO REPLACE A
STATE OR LOCAL OFFICIAL BEFORE THEIR TERM EXPIRES.
Example: Unions in Wisconsin recently tried to recall their
governor and failed.
All three initiated via petition.
States must respect each other’s laws and court decisions
including extradition of criminals (Full Faith & Credit
Clause)
Interstate Compacts:
must be approved by Congress
Interstate Disputes:
Settled by SCOTUS
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