Unit 9: Federalism

Question 1

The Framers’ Conception (James Madison, Federalist No. 51)

Answer 1

A) Dividing the powers between state & central gov. guards against tyranny
B) Political participation increases since state gov. is closer to the people
C) States are “laboratories of democracy” that experiment with new laws
D) Federalism best serves the needs of a diverse nation.
E) Despite this, recall the Framers favored a strong central government, as evinced by the Constitution’s Supremacy Clause (central gov. power overrules states’ power).

Question 2

Enumerated (written) powers

Answer 2

Expressly given to the Federal government in the Constitution

Question 3

Reserved powers

Answer 3

Belong only to the states

Question 4

Denied powers

Answer 4

1) bills of attainder: punishment by legislature; without trial
2) ex post facto (“after the fact”) laws: punishment for acts that were not crimes when committed
3) States cannot make treaties, money, or impair contracts.

Question 5

Implied/unwritten powers

Answer 5

E) Many powers are not enumerated in the Constitution, but are implied.
F) Confusingly, the Const. says both the states (Tenth Amendment) & Congress (Necessary & Proper Clause) get the unwritten powers.
G) The vague line between the two provisions in F above is almost always drawn by the Federal Courts, who settle conflicts, like…

Question 6

McCulloch v. Maryland (1819)

Answer 6

Supreme Court upholds both
1) Congress’ implied powers under the Necessary & Proper Clause, and
2) The Supremacy Clause

Question 7

Gibbons v. Ogden (1824)

Answer 7

Only Congress has the power to regulate interstate commerce –not the states.

Question 8

Constitutional Guarantees to the States

Answer 8

A) States set times and places for Congressional elections, and how to choose their Presidential Electors.
B) States are guaranteed two Senators and at least one House member.
C) National government must defend states against foreign attack & rebellions.
D) State citizens are guaranteed a “republican form” of state government
E) State citizens are protected from legal discrimination based on state of origin
(14th Amendment’s Privileges & Immunities Clause)

Question 9

Full Faith & Credit Clause

Answer 9

Judicial decrees & contracts apply across state lines

Question 10

Extradition

Answer 10

States must return fugitives for trial or imprisonment

Question 11

Interstate Compacts (agreements)

Answer 11

May be created with Congressional consent

Question 12

The Central Government Assumes Powers

Answer 12

A) After a period of “Dual Federalism” (1830s-1930s) during which the national government and Supreme Court usually upheld the powers of the states, the balance began to shift against them.
B) During the Civil War & Reconstruction, the public began accepting expanded Federal government power.

Question 13

14th Amendment

Answer 13

Leads to selective incorporation – Federal courts can overrule state laws.

Question 14

Selective Incorporation

Answer 14

Federal courts can overrule state laws

Question 15

Anti-Monopoly Acts (Interstate Commerce & Sherman Anti-Trust)

Answer 15

Gave Congress a greatly expanded role in the economy.

Question 16

16th Amendment

Answer 16

Federal income tax directs revenue away from states and to the central government.

Question 17

17th Amendment

Answer 17

Direct popular election of Senators instead of appointment by states; Senate no longer answers to or protects states.

Question 18

The New Deal

Answer 18

A) In response to the Great Depression, FDR & a Democrat-dominated Congress enacted measures that tremendously expand Federal power.
B) The conservative Supreme Court declares many New Deal programs unconstitutional because it does not consider them “Necessary & Proper” for Congress’ interstate commerce power - the connection is too tenuous.

Question 19

Beyond the New Deal

Answer 19

C) 1937: After FDR threated to “pack” the Court, it changes its mind and rules Congress has the power to regulate anything that might affect interstate commerce, even if the commerce never crosses state lines.
D) In the 1960s, LBJ used preemption (Federal assumption of state powers) to break down state segregation laws.
E) 1970s: Congress enacts more Federal mandates (requirements on states). Many, like the Clean Air & Clean Water Acts, are unfunded, leaving state to pay for them.

Question 20

Preemption

Answer 20

Federal assumption of state powers

Question 21

Mandates

Answer 21

Requirement on states

Question 22

Grant-in-Aid Programs

Answer 22

Federal money given to state government programs.
Began after WW2, and steadily increased until the early 1980s. Two types exist: Categorical and Block grants.

Question 23

Waivers

Answer 23

Permission to ignore a law or regulation

Question 23

Block grants

Answer 23

Federal money given with few conditions attached

Question 23

Categorical grants

Answer 23

Federal money given with many conditions attached

Question 24

Medicaid

Answer 24

Program to provide health insurance for low-income people. 1) States decide if they participate in the program (all do) and who's covered by it. 2) Paid for by states, with matching funds from the Federal government. (Every $ a state spends on Medicaid, the Fed. Gov. gives it another $ to spend on the program) 3) Typically uses up about 15% of a state's budget (second-highest expense behind education)

Question 24

The “Devolution Revolution”

Answer 24

1) The Republican Revolution A) 1980s: Pres. Reagan & Congress cut grant-in-aid programs and convert many to block grants, giving states more freedom. B) Reagan & Bush I administrations granted more waivers (permission to ignore a law or regulation) to state governments. C) 1995: the Republican Congress passed the Unfunded Mandates Reform Act, which greatly limits Congress’ ability to impose Federal mandates without funding them. D) 1996: the Welfare Reform Act passed Congress, changing aid to low-income families into a block grant, giving states discretion as to how to meet Federal goals for getting people off welfare and to work.

Question 25

The Supreme Court & Federalism

Answer 25

Reagan & Bush I appointed conservative judges to the Federal courts; thus more decisions upholding states’ power were handed down: 1) Congress’ commerce power is not unlimited: cannot Federalize every crime [U.S. v. Lopez (1995)] 3) Congress can’t revoke states’ sovereign immunity (gov. can’t be sued for $) 4) States can use their power of eminent domain (“takings clauses”) (seize private land for public use) for economic development. [Kelo v. New London (2005)] 5) Some conditions attached to categorical grants are unfair, and thus unconstitutional [Nat. Federation of Ind. Business v. Sebelius (2012)–the Affordable Care Act (ACA)/“Obamacare” case]