1. AP Government & Politics Unit 2
Federalism
AP Government & Politics
Unit 2

2. Types of Governments
1. Democracy The word "democracy" literally means "rule by the people." In a democracy, the people govern. 2. Republic A literal democracy is impossible in a political system containing more than a few people. All "democracies" are really republics. In a republic, the people elect representatives to make and enforce laws. 3. Monarchy A monarchy consists of rule by a king or queen. Sometimes a king is called an "emperor," especially if there is a large empire, such as China before There are no large monarchies today. The United Kingdom, which has a queen, is really a republic because the queen has virtually no political power. 4. Aristocracy An aristocracy is rule by the aristocrats. Aristocrats are typically wealthy, educated people. Many monarchies have really been ruled by aristocrats.
Today, typically, the term "aristocracy" is used negatively to accuse a republic of being dominated by rich people, such as saying, "The United States has become an aristocracy.“
5. Dictatorship A dictatorship consists of rule by one person or a group of people. Very few dictators admit they are dictators; they almost always claim to be leaders of democracies. The dictator may be one person, such as Castro in Cuba or Hitler in Germany, or a group of people, such as the Communist Party in China.
6. Democratic Republic Usually, a "democratic republic" is not democratic and is not a republic. A government that officially calls itself a "democratic republic" is usually a dictatorship. Communist dictatorships have been especially prone to use this term. For example, the official name of North Vietnam was "The Democratic Republic of Vietnam." China uses a variant, "The People's Republic of China."

3. Types of Governments
Democracy The word "democracy" literally means "rule by the people." In a democracy, the people govern. Republic A literal democracy is impossible in a political system containing more than a few people. All "democracies" are really republics. In a republic, the people elect representatives to make and enforce laws.

4. Three Ways Power is Shared Between a National Government and States/Sub-Units
Unitary
One strong national government
Example: Great Britain
Most of the world uses this type
Confederal
Strong states or regions with a weak national government
Example: The Articles of Confederation, the Confederacy
Federal*
A strong central government that shares power with states or regions
Example: The United States

6. Federalism
Federalism is the theory or advocacy of federal political orders, where final authority is divided between sub-units and a center.
Federalism refers to the apportioning of power between the federal government and the states.
In a federal system, the national government holds significant power, but the smaller political subdivisions also hold significant power. The United States, Canada, Australia, and Brazil are examples of federal systems.

8. Federalism Terms to Know
Dual Federalism
Cooperative Federalism
AKA Creative Federalism
New Federalism

9. Models of Federal Governments
State
Dual Federalism
Cooperative Federalism
Federal Gov't
State Gov't

10. Dual Federalism Federal State
Dual Federalism, holds that the federal government and the state governments are co-equals, and each are sovereign.
In this theory, parts of the Constitution are interpreted very narrowly.
In this case, there is a very large group of powers belonging to the states, and the federal government is limited to only those powers explicitly listed in the Constitution.
In this narrow interpretation, the federal government has jurisdiction only if the Constitution clearly grants such.
Examples: 10th Amendment, the Supremacy Clause, the Necessary and Proper Clause, and the Commerce Clause.

12. AKA… “Layer Cake Federalism"

13. Examples of Dual Federalism
State
Dual Federalism
Examples of Dual Federalism
Laissez faire or hands off business
Gilded Age
The Dred Scott decision
States can decide about slave laws
Jim Crow laws
States can decide about segregation/integration
Plessey v Ferguson

14. The Switch from Dual to Cooperative Federalism
Federal Gov't
State Gov't
Federal
State
Dual Federalism
The Switch from Dual to Cooperative Federalism
The shift from Dual to Cooperative Federalism was a slow one, but it was steady from the New Deal to the late 20th century.
Dual federalism is not completely dead, but for the most part, the United States' branches of government operate under the presumption of a cooperative federalism.

15. Cooperative Federalism
Federal Gov't
State Gov't
Cooperative Federalism
This theory asserts that the national government is supreme over the states, and the 10th Amendment, the Supremacy Clause, the Necessary and Proper Clause, and the Commerce Clause have entirely different meaning than in the Dual Federalism theory.
A good illustration of the broad interpretation of this part of the Constitution is exemplified by the Necessary and Proper Clause's other common name: the Elastic Clause.

16. AKA… “Marble Cake Federalism"
Federal Gov't
State Gov't
AKA… “Marble Cake Federalism"

17. Examples of Cooperative Federalism
Federal Gov't
State Gov't
Examples of Cooperative Federalism
The New Deal
Government programs to end the Great Depression
The Great Society
Government programs to end discrimination AND to provide for those less fortunate
NCLB and Race to the top
Federal government regulation and grants concerning K-12 education

18. Cooperative Federalism & Grants
“Cooperative Federalism" included an explosion of grants that reached beyond the states to establish intergovernmental links at all levels, often bypassing states entirely.
AKA as “picket fence federalism"
AKA as Creative Federalism
Started with the Morrill Land Grant of 1862
federal government gave each state 30,000 of public land for each representative in Congress
the money from the sale of the lands was to establish and support agricultural and mechanical arts colleges (UGA, Texas A & M, Michigan State…)
Federal Gov't
State Gov't

20. New Federalism
New Federalism is the arrangement of administrative reforms with a devolutionary objective.
This idea began during modern presidential administrations starting with Richard Nixon.
Ronald Reagan’s campaigns centered around devolution
It included decentralization of national programs to regions, streamlining of federal services, and the redirection of funds towards other levels of government.
It also included efforts to reduce national control over the grants-in-aid programs and revise the character of federal involvement in general welfare spending. 

21. Federal Mandates (the stick)
Federal laws that direct state and local governments to comply with federal standards, rules, or regulations
Federal Clean Air Act
Sometimes the federal government will impose a mandate on state or local governments to implement a costly policy in return for funds that may not make up the full costs of the program.
This is called an Unfunded Mandate
Example: Endangered Species Act
Passed by Congress in 1973, which imposes federal mandates on states to protect animal species that are deemed in danger of becoming extinct.
States have NO CHOICE but to follow this Act whether or not money is supplied by the feds

22. Unfunded Mandates Reform Act of 1995
Prevented Congress from passing costly federal programs along to the states with at least a debate on how to fund them
With its origins in the ‘Devolution Revolution’ (Republican- Contract with America), UMRA was designed to make it more difficult for the federal government to make state and local governments pay for programs and projects that it refuses to pay for itself.
Unfortunately, UMRA largely has proven to be a case of promises unfulfilled

23. Federal Grants (the carrot)
The federal government transfers payments or shares its revenues with lower levels of government via federal grants.
It’s all about the money!!!!
Who has it (the national government)
Who wants it (the states)
And who gets it (the states who jump through the right hoops)
Federal governments use this power to enforce national rules and standards by opening and closing its “purse strings” for the states

24. Revenue Sharing The transfer of tax revenue to the states
Congress gave an annual amount of federal tax revenue to the states and their cities, counties and townships.
Revenue sharing was extremely popular with state officials, but it lost federal support during the Reagan Administration.
In 1987, revenue sharing was replaced with grants-in aid in smaller amounts to reduce the federal deficit

25. Two Types of Grants-in Aid
Block grants
Grants provided to the states from the federal government with few strings attached
For example, a grant for transportation but the state can decide which roads will be built or where they will be located Categorical grants
Categorical grants
Grants provided to the states from the federal government with many strings attached
For example, a grant for roads but the federal government decides where the road will go or which road can be widened can decide which road

26. Welfare Act of 1996
AKA…The Personal Responsibility and Work Opportunity Reconciliation Act
Was signed in to law on August 22, 1996, by President Bill Clinton.
It was a bipartisan effort with the Republican Congress
It dramatically changed the nation's welfare system into one that required work in exchange for time-limited assistance.
The law contained
strong work requirements
a performance bonus to reward states for moving welfare recipients into jobs
state maintenance of effort requirements
comprehensive child support enforcement
and supports for families moving from welfare to work -- including increased funding for child care and guaranteed medical coverage."

27. Head Start- 1965
Federal program that promotes school readiness and provide a comprehensive array of health, nutritional and social services to eligible four and five year old preschoolers and their families.
Head Start programs grants must provide staff compensation and training, upgrade Head Start centers and classrooms, increase hours of operation and enhance transportation services.
The programs must also guaranteed a nearly 5% cost-of-living increase and bolster training and technical assistance activities.

28. Important Supreme Court Cases Concerning Federalism
McCulloch v Maryland
Gibbons v Ogden
South Dakota v Dole
U.S. v Lopez
Printz v U.S.
District of Columbia v. Heller
MacDonald v Chicago

29. McCulloch v. Maryland (1819)
In 1791, the U.S. government created the controversial first national bank.
The State of Maryland tried to close a branch of the Bank of the United States by making that branch pay $15,000 in taxes. James McCulloch, who worked at the Baltimore branch of the Bank of the United States, did not pay the tax. The State of Maryland took him to court.
Issue #1
Can there be a Bank of the US??
Issue #2
Can Maryland tax the Bank of the US??

30. Importance of Case Issue #1 Issue #2
The Court said YES
Issue #2
The Court said NO!
Chief Justice Marshall not only endorsed the constitutionality of the bank, but went on to uphold a broad interpretation of the federal government's powers under the Constitution
Marshall also noted that Congress possessed unenumerated powers not explicitly outlined in the Constitution (necessary and proper clause).
Cited the Supremacy Clause in Article VI Clause 2

31. Gibbons vs. Ogden (1824)
Ogden held a New York State license allowing him to operate a ferry across the Hudson between New York and New Jersey.
Gibbons received a Federal license and claimed that his license superceded that of Ogden.
Was the federal license more important than the state license?

33. Decision and Importance of Case
Yes!
The Court ruled that Gibbon's federal license took precedence over that of Ogden because the federal government was given the power to regulate interstate trade.
Why important- The Commerce Clause expanded federal power
Congressional power to regulate interstate commerce was established.

34. South Dakota vs. Dole (1987)
The withholding of federal highway funds followed a study of teenage driving and alcohol-related accidents
The federal government required states to raise their drinking age to 21 in order to receive highway funds
South Dakota claimed that the law is unconstitutional because the 21st amendment gave power to the states for regulating alcoholic beverages.
The state filed suit against Secretary of Transportation Elizabeth Dole
Can Congress withhold federal funding in order to force a state to pass legislation it deems useful?

35. Decision and Importance
Decision: “Yes!”
Why important? The provision was designed to serve the general welfare AND it was held that even if Congress lacks the power to impose a national minimum drinking age directly, the “non-requirement” aspect of the regulation was a valid exercise of Congress' spending power and upheld states rights

36. United States vs. Lopez (1995)
Was the first modern Supreme Court case to set limits to Congress's lawmaking power.
Alfonso Lopez, Jr. carried a handgun and bullets into his high school.
He was charged with violating Section 922(q) of the Gun- Free School Zones Act of 1990.
The government believed that the possession of a firearm at a school falls under jurisdiction of the Commerce Clause.

37. Decision and Importance
The Court said, “NO!” to Commerce Clause in Lopez
Too much of a stretch to connect guns in school to commerce
Federal government had overstretched it’s boundaries
Forced states to create the gun laws themselves.
Why important? Interstate commerce, gun-free school zones can not be federally mandated (states rights)
Was this a change in the direction of the Court?

38. Printz vs. United States (1997)
Reagan’s press secretary, James Brady was seriously injured during the assassination attempt
He later lobbied for stricter gun controls and background checks - these passed and became known as the “Brady Bill”
Printz was a sheriff who challenged the Brady Bill charging that it violated the 10th Amendment
Did the federal mandated law take it too far??

39. Importance The Court said “YES!’
The Court ruled in favor of Printz, ruling that Congress may not require the States to administer a federal regulatory program and that the Act violated the Tenth Amendment to the U.S. Constitution
The decision overturned requirements for local enforcement of the background checks
Why important? The states are no longer subordinates in all power disputes involving unfunded mandates

40. Amendment II
A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.
What exactly does that mean???
Huh????

41. Amendment II
A well regulated militia, being necessary to the security of a free state, (or should it be a semi-colon ??) the right of the people to keep and bear arms, shall not be infringed.

42. District of Columbia v. Heller (2008)
For the first time in seventy years, the Court heard a case regarding the central meaning of the Second Amendment and its relation to gun control laws.
After the District of Columbia passed legislation barring the registration of handguns, requiring licenses for all pistols, and mandating that all legal firearms must be kept unloaded and disassembled or trigger locked, a group of private gun-owners brought suit claiming the laws violated their Second Amendment right to bear arms.
Do local government have the right to impose such strict laws concerning guns?

43. District of Columbia v. Heller (2008)
Decision
No!
In a 5-4 decision, the Court held that the Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that firearm for traditionally lawful purposes, such as self-defense within the home.

44. McDonald v. Chicago, 2010 Facts of the case
Several suits were filed against Chicago and Oak Park in Illinois challenging their gun bans after the Supreme Court issued its opinion in District of Columbia v. Heller.
Here, plaintiffs argued that the Second Amendment should also apply to the states.

45. McDonald v. Chicago, 2010 Ruling and Importance (5-4)
The Supreme Court ruled that the Fourteenth Amendment makes the Second Amendment right to keep and bear arms for the purpose of self-defense applicable to the states
The Court reasoned that rights that are "fundamental to the Nation's scheme of ordered liberty" or that are "deeply rooted in this Nation's history and tradition" are appropriately applied to the states through the Fourteenth Amendment.

46. Read Your Chapters!! (Many) More Supreme Court cases to come…         