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26 Cards in this Set

  • Front
  • Back
federalism
the shared powers between the national and state governments
constitutional backing for federalism
supremacy clause
10th amendment
mcculloh v maryland
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.
significance of mcculloh v maryland
established a broad interpretation of implied powers through the constitution that go beyond the enumerated powers and established the national supremacy of the government
gibbons v. odgen
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
Swift and Co. v. United States
allowed the government to control commerce in the sate that could potentially affect interstate commerce

stream of commerce doctrine
champion v. ames
congress may use commerce power as police power to outlaw interstate sale and shipment of lottery tickets
policing power
the power to regulate, protect, promote, health, safety, welfare and morals
U.S. vs Lopez
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
U.S. vs Morrison
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
Printz v US and Mack v US
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
Powers granted to Congress under Article 1 Sect 8
Tax, borrow $, regulate commerce between states, w/ nations, and indians, coin $, establish post office, power to patent, declare war, raise army, support navy
dual federalism
state and national government are sovereign and separate
cooperative federalism
state and antional share powers as well as have own powers
What percent of all state $ comes through federal grants?
25%
categorical grants
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)
revenue sharing
money given for any purpose
block grants
$ given for a broad category
formula grants
gives most $.
$ given for specific something that is entitle by mathematic formulas (medicare)
(parts of categorical)
project grants
most given in #
states bid and as for grants and they are granted by selection to states.
(parts of categorical)
crossover sanctions
implying mandate by making consequences if something isn't followed
extradition
give criminals back to states
Article IV
full faith
documents valid in all states
Article IV
privileges and immunities
citizens in a neighboring state get all immunities they would in their own state
Article IV
Pros of Federalism
different levels of government increase participation
increase ability to respond
political parties start @ base level
states show diversity of opinion and ideas
cons of federalism
no universal distribution of money
quality of services differ
discourage providing services