Chapter+3+Federalism+-+Definitions,+Text+Notes,+Class+Notes+&+Connecting+Theory+to+Reality

=Ch. 3 Federalism - Definitions, Text Notes, Class Notes & Connecting Theory to Reality= = = =__Definitions (Write the definitions in your own words & try to insert or link a picture with each definition.)__=

It means if the government does not mess with the economy the economy will naturally fix it's self. Adam Smith came up with this idea or the "The invisible hand" theory. Sixteenth Amendment- Gives congress the right to enact income tax Seventeenth Amendment- Senator elections by people not state legislature concurrent powers- powers of both state and national government that may be used concurrently if not in violation of national power or law =Text Notes= ~Many new agencies formed with federal support - Federal Housing Administration (FHA): gave federal financing to new home construction -Civilian Conservation Corps (CCC): provided work relief for farmers and homeowners - Agricultural Adjustment Administration (AAA) & National Recovery Administration (NRA): both placed restrictions on productions in agriculture ~Strengthened the relationship between National and State governments equaling COOPERATIVE FEDERALISM || - What was the Reagan Revoution? ~Massive cuts on federal programs, income tax cuts ~Block Grants --> Grants for more general purposes than categorical grants. (ex. Block--> "health care", categorical--> "health care for babies") - What was the Devolution Revolution? ~Movement against overpowered government. Republicans took over congress. Clinton became president. He passed laws giving aid. Welfare programs within the states. - What was Federalism under the bush administration? ~$521Billion deficit. ~enlarged cabinet, dept. of homeland security, no child left behind. federal govt. became much stronger than state governments. - What did the surpreme court do to return states' rights? ~ex. Abortion cases allow states to pass their own laws and regulations for abortions. like 24 hour waiting periods and parental permission for minors. -What is the new deal? ~the new era in American politics(1933-1939) Gov activity at national level. Promoted ways to deal with great depression. || -the full faith and credit clause= judicial decress and contracts made in a state will be binding and enforcealbe in another state. also states that criminals must be retured to the state where the are on trial or have been convicted/sentenced. if there is a conflict between the states, the supreme court is the authority that settles the dispute. -there are over 200 interstate compacts in use today, dealing with everything from drivers licenses to state boundaries. || > Denied Powers States cannot enter a treaty with another state or nation States cannot coin money Congress cannot favor one state over the other Neither the Congress nor the states can pass a bill of attainder (a law passed without jedicial trial.) > ^ (accidentally deleted, this was written by someone else) ||
 * //Ex Post Facto// law**: From the latin for “from something done afterward”; they are laws which are prohibited by the constitution which entail punishing someone for committing a crime that was legal when the person committed it.
 * Enumerated Powers** - these are powers that belong to the national government and are set out in Article I, section 8 of the Constitution (such as coining money and conducting foreign relations)
 * Necessary and proper clause -** this gives Congress the power to create legislation that is //necessary// //and proper// for it to carry out its enumerated powers
 * Block Grant:** A sum of money, from the federal government, given to the states, to be used for whatever purpose the states see fit or within broad categories. These grants are usually intended to be used for education, transportation, or health services.
 * C****ategorical Grant**: More strict in comparison with a block grant (see above), Congress distributes money to state or local governments in which the money may only be used for explicit, narrowly defined assignments. An example of this would be if a state was instructed by congress to use the grant money to build a highway.
 * Full Faith and Credit Clause:** Judicial Decree; all contracts made in one state are binding in all others.
 * Dual Federalism-** The belief that having seperate but equal powerful levels of government. "Layer Cake"
 * Laissez Faire-** A hands-off attitude towards the economy.
 * Unitary System**- A form of government where all local and/or regional governments draw all of their authorities from a centered and strong national government, Great Britain was a unitary government, and the newly free Americans wanted to move away from this system.
 * Bill of Attainder-** Is a law that declares an act illegal without having a judiciary trial. Neither national or state governments can pass a bill of attainder.
 * Dual Federalism-** Is a belief that having levels of government that are equally powerfully and also separate is the bes method of governing. (Ex. having equally powerful state and national governments) this was first introduced under Roger B. Taney, who succeeded Chief Justice Marshall.
 * Interstate (commerce) compacts** **–** Contracts between states that carry the force of law. Example, the Drivers License Compact was signed by all fifty states so that driver licenses from each state are recognized nationwide.
 * Unfunded mandates –** National laws that direct state or local governments to agree to federal rules and regulations without compensation for meeting those requirements. Example, Ohio was almost forced to pay $1 billion to comply with the federal Clean Water and the Safe Drinking Water Act.
 * Preemption –** The national government overrides certain areas of state/local governments. Example, the Johnson administration.
 * Cooperative Federalism**-the relationship between the national and state governments that began with the New Deal (Marble Cake); two levels of government work together
 * Federal System**-system of government where the national government and state government derive all authority from the poeple; total democracy where people have more say than government
 * Unitary System**-system of government where the local and regional governments derive all authority from a stron national government; people have less say than in a Federal System
 * Supremacy clause**- National law is supreme to all other laws passed by the state.
 * Concurrent powers -** these are the powers of government that are overlapped and shared by the national and state governments. For instance, both states and the federal government have the power to tax.
 * Reserve (or police) powers-** is a power that may be exercised by the head of state without the approval of another branch of the government.
 * Sovereign immunity-** doctrine that a government or governmental agency cannot be sued without consent.
 * Gibbons v. Oqdon (1824)-** supreme court case thatclarified federal power over interstate commerce. Led to later rulings supporting federal power.
 * McCulloch v. Maryland (1819)-** supreme court case that signified the power of the national government and stated that the states have no right to tax the bank.
 * privileges and immunities clause-** guarantees that a citizen of one state be given the same rights as a citizen from another state.
 * Mandate -** An obligation handed down from a higher government authority.
 * Fiscal Federalism -** a system of grants where the federal government shares its revenues with the lower levels
 * Tenth amendment-** "Powers not delegated to the U.S Gov. by the Constitution nor prohibited by it to the states, Are reserved to the states respectivley, or to the people."
 * [|Nullification Doctrine]** - declared that every state had the right to repeal federal laws that they found unconstitutional within that state.
 * [|New Federalism]** - returned power to the state governments.The primary objective was to restore power to the states lost to the federal government as a direct cause of the New Deal by Franklin D. Roosevelt.
 * __**New Deal:**__ FDR began new era of American politics focusing on expanding the national government.
 * New Federalism: Returning power to the states
 * Relations Among The States
 * Relations Among The States
 * **__State Powers__*** Hold elections for senators and representatives
 * Establish local governments
 * Ä Regulate commerce within state
 * Time, place and manner for holding elections
 * Have two guranted places in Senate ||
 * **__Concurrent Powers__**
 * Right to Tax
 * Have the right to borrow money
 * Establish courts and make/enforce laws
 * Spend money on general welfare
 * Take private property with compensation
 * Take private property with compensation
 * **__Federal Powers__**

McCulloch v. Maryland- Did Congress have the authority to charter a bank? Gibbons v. Ogden- New York had no authority to grant power to a single monopoly
 * Coin money
 * Conduct foreign relations
 * Provide army and navy
 * Declare war
 * Regulate commerce with foreign states
 * Necessary and Proper clause
 * Supremacy clause ||

__Roots of Federal System: Governmental Powers Under The Constitution__ -Since 9/11, measures have been passed by the government which slightly increase the federal government's power over individual's rights. - Increases federal power, decreases state/local/personal power. -Necessity and benefit of these measures are under debate =Class Notes=
 * What were some national powers under the constitution?**
 * coin money
 * have armed forces
 * conduct foreign relations
 * declare war
 * have national court system
 * **total of 17 enumerated powers**
 * What were some state powers under the constitution?**
 * hold state elections
 * 2 members in senate
 * Elastic Clause - any power which is not a national power
 * Were Relations Among States Important?**
 * Full Faith and Credit - states had to uphold and recognize other states laws
 * no pacts between states without national approval
 * What is local Government importance?**
 * receives power through state
 * for example local elections are allowed through state power
 * How have recent events (Bush Administration) affected Federalism?**

Devolution Revolution started under Regan. Categorical Grants= relate to specific things, used by the Federal Government. - "if states dont go to 21, we'll take away billions of $ for highways" (National Government) Block Grants= more vague, the money has a more general way of being spent. A broad grant, with few strings attached. Given to states by the federal government. vague or GENERAL, but within a CATEGORY. Unfunded Mandate= The federal government saying "you must do x, y, z...but we're not going to give you any money for it" Underfunded Mandate= No Child Left Behind and SOL Tests
 * drinking age and highway funds
 * Health Care (immunization)
 * the Devolution Revolution made this unconstitutional
 * ex- VA is given money, though not enough, for these programs, therefore it is legal

=Connecting Theory to Reality=