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AP US Government

AP US Government. Chapter 3: Federalism. Theme A: Federalism and Constitutional Law. A. Introduction. 1. Antifederalists feared the power of the national government. These concerns have been realized throughout American history. (Ex: Education)

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AP US Government

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  1. AP US Government Chapter 3: Federalism

  2. Theme A: Federalism and Constitutional Law

  3. A. Introduction • 1. Antifederalists feared the power of the national government. • These concerns have been realized throughout American history. (Ex: Education) • 2. Shared power between federal and states allows both to influence policy. • 3. Intergovernmental disputes rose over slavery. • 4. Business and Social Welfare Debates • Does the federal gov have the right to intervene?

  4. B. Founder’s Plan • 1. Federalism had no historical precedent. • 2. 10th Amendment clarified the limits of the national government. • 3. Supreme Court has used the 10th Am. to give more state sovereignty. • 4. Hamiltonian (fed) v. Jeffersonian (state)

  5. C. McCulloch v. Maryland • 1. Could Congress charter a national bank? • YES, via the “necessary and proper” clause • AKA: Elastic Clause • 2. Could states tax a federal bank? • NO, due to the Supremacy Clause. • 3. Increased federal power.

  6. D. Nullification • 1. Definition: states had the right to declare null and void a federal law that they believed violated the Constitution. • 2. This issue was settled by the Civil War. • 3. The union is indissoluble, states can NOT nullify federal law. • 4. Supreme Court later confirmed this position.

  7. E. Dual Federalism • 1. Definition: Both national and state governments are supreme in their own spheres. • 2. These spheres should be kept separate. • 3. Ex: Interstate v. Intrastate Commerce • 4. Gibbons v. Ogden increased federal power over commerce.

  8. F. States’ Rights Strengthened • 1. US v. Lopez: guns in schools • 2. US v. Morrison: overturned Violence Against Women Act • 3. Printz v. US: background check on gun purchaser • 4. Existence of states is guaranteed by the federal government. • 5. Cities, towns, and counties exist at pleasure of states.

  9. G. Federalism: Good or Bad? • 1. Bad: Federalism blocks progress and protects powerful local interests. • 2. Good: contributes to governmental strength and political flexibility. • Also fosters individual liberty • 3. Federalist No. 10: Small political units are more likely to be dominated by single political faction. • Relevant interests are heard at least somewhere

  10. H. Political Activity • 1. Facilitates political mobilization. • 2. Decentralizes authority • 3. Lowers the cost of political organization at the local level.

  11. Theme B: The Contemporary Politics of Federalism

  12. A. Grants-In-Aid • 1. A way of allowing federal government to spend money for purposes not authorized by the Constitution. • 2. 1960s shifted from state demand to national demand. • 3. State and local lobbyists want less strings attached • 4. Attractive to states for the following reasons • Federal budget surpluses • Federal income tax increased revenues • Federal control of money supply • “Free” money to states

  13. B. Categorical Grants • 1. Made for specific purposes. • 2. Often require local matching funds. • 3. National gov gained more power. • 4. State agencies live and die off these. • 5. Supervising committees in Congress favor these type of grants.

  14. C. Block Grants • 1. Devoted to general purposes with few restrictions. • 2. States prefer these rather than categorical • 3. Grew more slowly due to the differences between the political coalitions that supported each.

  15. D. State Rivalries • 1. Are the feds helping some states at the expense of others? • 2. Difficult determining where funds are actually spent and their effect. • 3. Numerous grants are based on population, increasing the importance of the census.

  16. E. Mandates • 1. Federal rules that states must obey that have little to nothing to do with aid. • Example: Civil Rights and Environmental protection • 2. More likely in policy areas that receive less federal funding. • 3. Waivers can exempt some parties. • 4. Can result from court decisions. (desegregation) • 5. Can have negative economic consequences.

  17. F. Conditions of Aid • 1. Attached to grants. • 2. Conditions can be specific or general. • 3. State and federal try to bargain to pass most cost to the other.

  18. G. Devolution • 1. Definition: movement to transfer responsibilities of governing from federal to state and local governments. • 2. Categorical grants were consolidated into large block grants. • 3. Did little to curb spending or limit rules and regulations. • 4. States face financial pressure from public sector pensions. • 5. Governors are looking to reduce budgets by reducing public employee benefits.

  19. H. Incorporation Doctrine • 1. Constitutional Doctrine • 2. Bill of Rights provisions were made to protect from federal abuses. • 3. 14th Amendment extended the Bill of Rights to the states via the due process clause. • 4. Numerous SCOTUS rulings have extended this in all aspects of society.

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