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3The Federal System
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Trace the roots of the federal system and the Constitution’s allocation of powers between the national and state governments
Determine the impact of the Marshall Court on federalism
3.1
3.2
3Learning Objectives
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Describe the emergence and decline of dual federalism
Explain how cooperative federalism led to the growth of the national government at the expense of the states
3.3
3.4
3Learning Objectives
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Describe how the federal budget is used to further influence state and local governmental policies
Explore the role of the judiciary as arbiter of federal–state conflicts
3.5
3.6
3Learning Objectives
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Roots of the Federal System
National Powers Under the Constitution
State Powers Under the Constitution
Concurrent Powers Under the Constitution
Powers Denied Under the Constitution
Interstate Relations Under the Constitution
Local Governments Under the Constitution
3.1
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National Powers Under the Constitution
Enumerated powers Coin money Conduct foreign relations Provide for army and navy Declare war Collect duties and taxes
Necessary and proper clause (elastic) Enact laws for exercising enumerated powers Implied powers
Supremacy clause
3.1
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FIGURE 3.1: Where does governmental authority come from?
3.1
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State Powers Under the Constitution
State powers not enumerated
Tenth Amendment Reserved powers
3.1
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Concurrent Powers Under the Constitution
Overlapping powers Power to tax Borrow money Establish courts Charter banks Spend money for general welfare
3.1
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FIGURE 3.2: How is governmental power distributed in the federal system?
3.1
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Powers Denied Under the Constitution
No state favoritism
No titles of nobility
Bills of attainder
Ex post facto laws
3.1
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Interstate Relations Under the Constitution
Supreme Court settles disputes
Full faith and credit clause
Privileges and immunities clause
Extradition clause
Interstate compacts
3.1
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FIGURE 3.3: How many governments exist in the United States?
3.1
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a. The states
b. The people
c. The president
d. The federal legislature (Congress)
3.13.1 What is the source of governmental authority in the U.S. federal system?
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3.13.1 What is the source of governmental authority in the U.S. federal system?
a. The states
b. The people
c. The president
d. The federal legislature (Congress)
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Federalism and the Marshall Court
Defining National Power: McCulloch v. Maryland (1819)
Affirming National Power: Gibbons v. Ogden (1824)
Limiting the Bill of Rights: Barron v. Baltimore (1833)
3.2
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Defining National Power: McCulloch v. Maryland (1819) First Court decision to define national
and state government relationship
Could Congress charter a bank?
Could states tax it?
3.2
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Affirming National Power: Gibbons v. Ogden (1824)
Congress’s authority under commerce clause disputed Power to regulate just products or commercial activity too?
Ruling: Congress can regulate commercial activity New York had no authority to grant monopoly
3.2
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Limiting the Bill of Rights: Barron v. Baltimore (1833)
Due process clause Guaranteed by Fifth Amendment Action by state, not federal, government caused
damages Federal government not at fault for state actions
3.2
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3.23.2 Which Supreme Court cases restricted the powers of the national government?
a. Barron v. Baltimore (1833)
b. McCulloch v. Maryland (1819)
c. Gibbons v. Ogden (1824)
d. None of the above
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3.23.2 Which Supreme Court cases restricted the powers of the national government?
a. Barron v. Baltimore (1833)
b. McCulloch v. Maryland (1819)
c. Gibbons v. Ogden (1824)
d. None of the above
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States Assert Their Powers: Nullification
Nullification States declare federal laws invalid
Alien and Sedition Acts (1798) Unconstitutional
“Tariff of Abominations” (1828)
Southern states use nullification to resist anti-slavery laws
3.3
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States’ Rights and the Dred Scott Decision
Dred Scott v. Sandford (1857) Slaves were property, not citizens Congress could not ban slavery in new territories Enhanced states’ power
3.3
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Reconstruction and the Transformation of Dual Federalism
Nullification, dual federalism destroyed by Civil War
Reconstruction New state constitutions
Supreme Court limits state power Monopolies outlawed
3.3
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How did the relationship between state and federal governments change after the Civil War?
3.3
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Amending the National-State Relationship
Sixteenth Amendment Money is power
Seventeenth Amendment (1913) Direct election of senators
3.3
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3.33.3 The theory that states can refuse to abide by federal laws violates what clause of the Constitution?
a. Supremacy clause
b. Necessary and Proper clause
c. First Amendment
d. Full Faith and Credit clause
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3.33.3 The theory that states can refuse to abide by federal laws violates what clause of the Constitution?
a. Supremacy clause
b. Necessary and Proper clause
c. First Amendment
d. Full Faith and Credit clause
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Cooperative Federalism: Growth of National Government Cooperative Federalism
Marble cake versus layer cake
Need for National Action Arises: The New Deal
3.4
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Need for National Action Arises: The New Deal
Great Depression
New Deal programs increased federal authority States could not solve these problems on their own
Local government involvement
Constitutional challenges
3.4
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3.43.4 What do we call the type of federalism that developed in the 1930s?
a. New Deal federalism
b. Progressive federalism
c. Layer cake federalism
d. Cooperative federalism
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3.43.4 What do we call the type of federalism that developed in the 1930s?
a. New Deal federalism
b. Progressive federalism
c. Layer cake federalism
d. Cooperative federalism
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Federal Grants to State and Local Governments
Categorical Grants
Block Grants
Programmatic Requests
3.5
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Categorical Grants
Grants serve three purposes Provide funds Address national problems like clean air Redistribute funds between rich and poor states
Categorical grants are for specific purpose
3.5
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Block Grants
Block grants less restrictive Give states more discretion in spending funds Devolution revolution
3.5
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Unfunded Mandates
No Child Left Behind (2001)
Unfunded Mandates Reform Act of 1995
3.5
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Who supported scaling back the federal government and increasing the use of block grants?
3.5
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Programmatic Requests
Funds earmarked for specific projects within states
Secured by lobbyists or members of Congress for their districts Bringing the pork back home
3.5
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3.53.5 How do block grants differ from categorical grants?
a. They provide less money to states.
b. They provide more money to states.
c. They have fewer restrictions on how they are spent
d. They have more restrictions on how they are spent
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3.53.5 How do block grants differ from categorical grants?
a. They provide less money to states.
b. They provide more money to states.
c. They have fewer restrictions on how they are
spent
d. They have more restrictions on how they are spent
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Judicial Federalism
The Rehnquist Court
The Roberts Court
3.6
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The Rehnquist Court
Appointed by Reagan
Committed to states’ rights
Rolled back federal authority U.S. v. Lopez (1995)
3.6
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The Roberts Court
Has decided with federal government Immigration Health care reform
3.6
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3.63.6 From the New Deal until the 1980s, the attitude of the Court toward federal authority was
a. To expand it
b. To limit it
c. To expand it in one or two areas only
d. To keep the balance as the Framers
intended in the 1780s
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3.63.6 From the New Deal until the 1980s, the attitude of the Court toward federal authority was
a. To expand it
b. To limit it
c. To expand it in one or two areas only
d. To keep the balance as the Framers
intended in the 1780s