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| responsibilities for particular policy areas such as transportation that are shared by federal, state, and local governments |
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| a system in which the national, centralized government holds ultimate authority. It is the most commonform of government in the world |
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| A form of government in which states hold power over a limited national government |
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| Examples of intergovernmental organizations |
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| The United Nations, International Monetary Fund, North Atlantic Treaty Organization |
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| Full Faith and Credit clause |
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| part of constitution requiring that each states laws be honored by the other states |
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| Priviledges and Immunities Clause |
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| part of constitution that requires that states must treat nonstate residents within their borders as they would treat their own residents |
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| Doctrine of Interposition |
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| the idea that if the national government passes on unconstitutional law, the people of the states can declare the law void |
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| the idea that states are entitled to a certain amout of self government, free of federal government intervention. |
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| the form of federalism faored by Chief Justice Taney in which natinoal and state governments are seen as distinct entities providing separate services |
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| Landmark supreme court decisions: Chishold vs Georgia |
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| citizens of one state could sue another state; led to 11th amendment |
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| Landmark supreme court cases: McCulloch vs Maryland |
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| Upheld the national government's right to create a bank and reaffirmed the idea of National Supremacy |
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| Congress, rather than the states has broad power to regulate interstate commerce |
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| endorsed a motion of dual federalism in which the rights of a US citizen under the bill of rights did not apply to that same person under state law |
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| sided with south view that slaves were property and ruled the Missouri Compromise violated the 5th amendment since making slave owners give up their slaves deprived them of property |
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| National labor Relations Board vs Jones and Laughlin Steel Corp |
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| upheld the National Labor Relations Act of 1935 as consistent with Congress's commerce clause powers, reversing the Courts more narrow interpretation of that clause |
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| the powers of Congress to regulate the economy |
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| form of federalism in which the national and state goevrnments work together to provide services effectively. formed in the late 1930s and represented a shift toward less concrete boundaries of responsibility in national-state relations |
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| a more refined and realistic form of coorperative federalism in which policy makers within a particular policy area work together across the levels of government |
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| Fiscal Federalism (1937-now) |
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| a form of federalism in which the federal funds are allcoated to the lower levels of government through transfer payments or grants |
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| federal aid to state or local governments that is provided for a specific purpose such as a mass transit program within the transportation budget or a school lunch program within the education budget |
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| federal aid provided to a state government to be spent within a certain policy area but the state can devide how to spend the money within that area |
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| A type of grant used in the 70s and 80s in which the federal government provided state governments with funds to be spent at each states discretion. provided more control over programs |
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| federal laws that require the states to do certain things but do not provide state governments with funding to implement these policies |
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| a form of federalism in which the federal goverment pressures the states to change their policies by using regulations, mandates, and conditinos |
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| impositions of national priorities on the states through national legislation that is based on the constitutions supremacy clause |
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| a form of federalism in which states compete to attract businesses and jobs through the policies they adopt |
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| national laws that address disciminatory state laws. |
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| states soveriegn immunity |
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| immunity that prevents state governments from being sued by private parties infederal ourt unless the state consents |
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| missouri requirement that state judges retire by age 70 did not discrimination in employemnt act |
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| carrying a fun in a school did not fall within interstate commerce |
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| Seminole tribe vs florida |
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| states soverign immunity ruling that congress could not compel a state to negotioate with Indian tribes about gaming and casinos |
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| struck down part of the Brady Handgun Violence Prevention Act by saying that Congress cannot require local law enforcement officers t operform background checks on prospective handgun purchasers |
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| Struck down religious freedom restoration act as an overly broad attemot to curtail the state sponsored harassment of religion |
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| state employees could not sue the state of Maine for violating the overtime pay provisions of the deferal Fair Labor Standards Act |
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| struck down the Violence vs Women act saying that Congress did not have the power under the commerce clause to provide a national remedy for gender based crimes |
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| Kimel et al vs Florida Board of Regents |
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| age discrimination in employment act of 1967 could not be applied to state employees because it was not considered "appropriate legislation" |
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| struck down the portion of the Americans with Disabilities act that applied to the states saying that state governments are not required to make special accommodations for the disabled |
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| federal maritime commission vs south carolina ports authority |
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| 11th amendment prevents the deferal maritime commission from pursuing a claim on behalf of a gambling boat owner denied access to a marina owned by the state of SC |
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| Nevada dept of human resources vs hibbs |
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| upheld congress's power to apply the 1993 Family Leave act to state employees as appropriate legislation |
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| certain powers and responsibilities between the national and state governments, but some concurrent powers are shared. |
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| each level of government has |
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| a level of autonomy and independence |
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| national government that was stronger than it has been under the Articles of Confederation, also wanted to preserve autonomy of states |
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| necessary and proper clause, supremacy clause, and extensive specific powers granted to congress |
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| show nation centered focus of the constitution |
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| grants all undelegated powers to the states |
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| prohibits citizens from suing the government of a state other than their own |
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| 10th, 11th, amendments and other specific state powers |
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| demonstrate state center focus of constitution |
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founding-1930s: dual federalism
New Deal policies began more active gvmt
today: fiscal federalism |
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| attempted to return more policy control to the states by giving them more control over spending money |
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| judicial review introduced |
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| at founding of constitution, were economic conditions the same as europe |
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| at founding of constitution, were economic conditions the same as europe |
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| gives government right to pass "any law that is covered in its expressed powers" |
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| branch that is "neither the purse nor the sword" |
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| outcome of 3/5 compromise |
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| slaves were 3/5 of a person for census and taxation |
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| examples of congress's implied powers interpretation |
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Definition
1. ruling that congress could create a bank
2. president unilaterally setting foreign policy
3. congress removing appointed officals from presidents cabinet |
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| Congress's exclusive powers |
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right to regulate commerce
right to declare war
right to establish a post office |
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| Thomas Paines Common sense advocated what |
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| based on ideals that providing many groups access to government prevents authoritarianism |
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