1. Chapter 3 AP GOV – Ms. Shay

2.  A political system in which there are local units of government as well as a national government  The local units (state, county, city, or town) exist independently of the national, and have protected status with the ability to make final decisions, in at least some matters.

3.  Commitment of the people of the United States to claim their states’ rights  Congress is made up of people who are responsive to their local constituencies

4.  U.S.  Canada  Australia  India  Germany  Switzerland

5.  Unitary – national government is supreme and if any local units exist, it is for the administrative convenience of the national government.  Examples: France, GB, Italy, Sweden  Confederal (confederation) – states are sovereign and national government can only do what the states permit  Example: United States under Articles of Confederation and European Union today

6.  Increased political activity  Ability to make a more effective difference  Protection of personal liberty  Smaller groups take the lead in experimentation

7.  The people could shift their support between state and federal levels of government as needed to keep the two in balance.  “if their rights are invaded by either, they can make use of the other as the instrument of redress”

8.  The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.  But what does that mean exactly?

9. HAMILTON  National government is supreme according to Article VI  powers ought to be broadly defined and liberally construed JEFFERSON  Principle threat to people’s liberties was the national government and it only exists because the states agreed to let it exist  Powers should be narrowly construed and strictly limited

10.  National government is supreme  Sovereignty is derived from the people  Thus the states could not secede

11.  Levy taxes  Borrow money  Regulate commerce  Laws for naturalization and bankruptcy  Coin money  Fix weights and measures  Punish counterfeiting  Establish post offices and post roads  Issue patents and copyrights to promote science and innovation  Establish courts lower than the Supreme Court  Punish piracies  Create and army and navy  Declare war  Call up the militia  Govern D.C.

12. Congress may not:  Suspend writ of habeas corpus  Pass a bill of attainder  Pass an ex post facto law  No interstate tariffs  No preferential treatment for some state in regard to regulation of commerce, port duties, etc  No titles of nobility  No money may be drawn from Treasury without appropriation made by law  Statement of account must be made public

13.  Congress shall have the power to make all laws necessary and proper for carrying into execution the foregoing powers and all other powers vested by this Constitution

14. States may not:  Make treaties with foreign nations  Coin money  Issue paper currency  Grant titles of nobility  Pass a bill of attainder  Pass an ex post facto law  Levy taxes on imports or exports  Keep troops and ships in time of peace  Make treaties with a foreign power

15.  A republican form of government  Protection against foreign invasion and domestic insurrection (if states request it)  States will not be broken up or merged without the state’s consent  Taxes levied must be uniform  Constitution may no be amended to give states unequal representation in Senate

16.  McCulloch v Maryland 1819  McCulloch was the cashier of the Baltimore branch of the Bank of the U.S. which had been created by Congress  Refused to pay a tax levied on that bank by the state of Maryland  Found guilty in state court but appealed all the way to the highest court

17.  1 st Question – Does Congress have the power to establish a bank? ▪ Yes. Because it has money management powers, a national bank is necessary and proper to carry out those powers  2 nd Question – Can a Federal bank be lawfully taxed by a state?  No. National power to establish a bank is supreme and its use thereof must be immune from state challenge.  The power to tax is also the power to destroy which would give the states power to have supremacy over the federal government  States may not tax any federal institution!

18.  Supreme Court confirms what was decided by the Civil War victory of the North:  The federal union is indissoluble and that states cannot declare acts of Congress unconstitutional.

19.  National government is supreme in its sphere, the states are supreme in their sphere, and the two spheres should be kept separate  Most difficult challenge comes when deciding between interstate commerce and intrastate commerce

20.  First it was based on the kind of business being transported between states  Lottery tickets, liquor, prostitutes were part of it  Farming and manufacturing were not  When does it change from interstate to intrastate?  When it’s out of original packaging  What about oil and grain?  What if a company did business in more than one state?  Eventually the court began to allow almost anything to be regulated by the federal government  Expansion of federal power up until the 1990’s

21.  United States v Lopez – Congress had exceeded its commerce clause power by prohibiting guns in a school zone  United State v Morrison - Violence Against Women Act of 1994 overturned however states can pass this law and many have  The Constitution requires a distinction between what is truly national and what is truly local

22.  Printz v United States 1997 – SC invalidated a federal law that required local police to conduct background checks on all gun purchasers  Law violates the tenth amendment by commanding state governments to carry out a federal regulatory program

23.  Alden v Maine 1999 – state employees could not sue to force state compliance with federal fair-labor laws  Federal Maritime Commission v South Carolina Ports Authority 2002 - Expands states sovereign immunity from private lawsuits

24.  In 1999, the Court also ruled that state welfare programs may not restrict new residents to the welfare benefits they would have received in the states from which the moved.

25.  Congress can still make laws on almost anything as long as it does not go too far in commandeering state resources or gutting states’ rights.  To empower states is not to disempower Congress

26.  Public education  Police power to promote health, safety, and morals  Law enforcement  Criminal justice  Health and hospitals  Roads and highways  Public welfare  Use of public land and water supplies

27.  The federal constitution is a republic where laws are made by representative not directly by citizens themselves  States open up direct democracy in 3 ways: 1. Initiative- measures placed directly on the ballot as long as there are signatures from 5-15% of those who voted in the last election 2. Referendum – procedure allowing voters to reject a law usually used in tax increases 3. Recall – voters can remove an elected official from office