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26 Cards in this Set
- Front
- Back
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federalism
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the shared powers between the national and state governments
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constitutional backing for federalism
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supremacy clause
10th amendment |
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mcculloh v maryland
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maryland sued national bank branch in maryland b/c they wouldn't pay state taxes
s.c. upheld bank b/c it was implied in the economic powers of constitution and granted through the elastic clause. |
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significance of mcculloh v maryland
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established a broad interpretation of implied powers through the constitution that go beyond the enumerated powers and established the national supremacy of the government
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gibbons v. odgen
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monopoly of ferries by new york on ferries traveling the hudson between ny and nj and got mad about congressional intervention.
s.c. upheld that congress had the power by the commerce clause --> broad interpretation |
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Swift and Co. v. United States
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allowed the government to control commerce in the sate that could potentially affect interstate commerce
stream of commerce doctrine |
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champion v. ames
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congress may use commerce power as police power to outlaw interstate sale and shipment of lottery tickets
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policing power
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the power to regulate, protect, promote, health, safety, welfare and morals
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U.S. vs Lopez
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Congress passed the Gun Free Schools Zone Act which gave itself the right to punish those who bring guns to schools under the commerce clause.
Ruling: S.C. said congress doesn't not have the power b/c they need specific evidence showing correlation that it effects interstate commerece *1st case to give power back to the states |
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U.S. vs Morrison
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Congress passed the Violence Against Women Act and gave itself the power to provide federal civil remedy to gender motivated crimes.
Ruling: S.C. struck down b/c even though C provided data, need to show specific correlation *gave power back to states |
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Printz v US and Mack v US
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dealt w/ the Brady Hand Gun Act that required states to run background checks
Ruling: Congress cannot force local authorities to enforce economic regulatory procedures |
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Powers granted to Congress under Article 1 Sect 8
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Tax, borrow $, regulate commerce between states, w/ nations, and indians, coin $, establish post office, power to patent, declare war, raise army, support navy
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dual federalism
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state and national government are sovereign and separate
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cooperative federalism
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state and antional share powers as well as have own powers
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What percent of all state $ comes through federal grants?
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25%
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categorical grants
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grants where the government gives a chunk of $ and tells them what to do with it. (how federal gov makes states do what they want)
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revenue sharing
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money given for any purpose
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block grants
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$ given for a broad category
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formula grants
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gives most $.
$ given for specific something that is entitle by mathematic formulas (medicare) (parts of categorical) |
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project grants
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most given in #
states bid and as for grants and they are granted by selection to states. (parts of categorical) |
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crossover sanctions
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implying mandate by making consequences if something isn't followed
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extradition
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give criminals back to states
Article IV |
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full faith
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documents valid in all states
Article IV |
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privileges and immunities
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citizens in a neighboring state get all immunities they would in their own state
Article IV |
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Pros of Federalism
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different levels of government increase participation
increase ability to respond political parties start @ base level states show diversity of opinion and ideas |
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cons of federalism
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no universal distribution of money
quality of services differ discourage providing services |
