| Term | Definition |
|---|
| federalism | national government and state government share power |
| John Marshall | was appointed by John Adams, was a federalist, wanted more power for national government |
| Marshal Court/ Nation building period | national government gets more power: McCoullough vs. Maryland, Gibbons vs. Ogden, Marbury vs. Madison |
| McCoullough vs. Maryland | the national government had the right to est. a national bank b/c of the nec. and proper clause (implied powers); a state cannot tax a national instituion (because of the supremacy clause) |
| Gibbons vs. Ogden | dealt with steamboats in the Hudson river; The national government has the power to regulate interstate commerce |
| Marbury vs. Madison | judicial review |
| Dual Federalism period | state and national government should be completely separate |
| Dual Federalism court cases | Dred Scott vs. Standford, Plessy vs. Ferguson, Munn vs. Illinois, E.C. Knight vs. U.S., Hammer vs. Dagenhart |
| how the relationship b/w the national government and state governments have evolved | the sup. court, congress, and the president |
| Dred Scott vs. Sandford | MO compromise declared unconstitutional; states could determine weather or not they were slave states |
| Plessy vs. Ferguson | seperate but equal in public accommodations is constitutional; |
| Munn vs. Illinois | dealt with grain warehouses; state has the power to regulate businesss; Congress creates interstate commerce commision (to regulat railroads), and the Sherman anti-trust act (to break up monopolies) |
| Interstate commerce commission | passed after Munn vs. Illinois (because congress wanted to get some power back from the states): regulated railroads. |
| Sherman anti-trust act | passed in order to break up monopolies |
| EC Knight vs. US | U.S. government cannot break up the monopoly. because EC Knight has refineres in indiviudal states; the sup. court distinguished between manufacturing and commerce |
| Hammer vs. Dagenhart | sup. court declared the child labor-law unconstitutional because they didnt think that the national government could regulate business |
| Dual Fed. Period | 10th amendment emphasized, nec. and proper clause-kind of ignored |
| FDR's presidency | cooperative fed. |
| FDR's court packing plan | for every judge that was 70 years old, he a wanted another justice |
| cooperative fed. court cases | NLRB vs. Jones and Laughlin steel corporation, Gitlow vs. New York, Sweatt vs. Painter, Brown vs. board of education, Engel vs. Vitale, Baker vs. Carr, Wesberry vs. Sanders, Heart of Atlanta Motel vs. US, Griswold vs. Connecticut, Roe vs. Wade, University of California Regents vs. Bakke, Powell vs. Alabama, Betts vs. Brady, Mapp vs. Ohio, Gideon vs. Wainright, Miranda vs. Arizona, Furman vs. Georgia |
| NLRB vs. J and L Steel corporation | \, from this point on, the national government got more power over the economy |
| categorical grants | for a specific purpose, involves matching funds, involves conditions of aid |
| 2 types of categorical grants | project grants, formula grants |
| project grants | state of local government requests for a specific need (pork barrel) |
| Formula grants | designed by congress to solve a national problem, entitlement= if you qualify for a certain grant, then you are entitled to it (ex: medicare or medicaid) |
| Gitlow vs. New york | 1st time the supreme court begins to make the states obey the bill of rights |
| sweatt vs. painter | Sweatt is black, and wants to go to the University of Texas law school, but they wouldn't let him in; sup. court says that separate but equal is not being followed, so they have to let him in |
| Brown vs. Board of Education | separate is never equal- because of the equal protection clause in the 14th amendment |
| Engel vs. Vitale | a student refuses to stand during the bible reading in a public school, and eventually gets expelled; supreme court says they can't make the students say a particular prayer (14th amendment makes states follow the 1st amendment, which including the establishment clause) |
| 14th amendment | This amendment declared that all persons born or naturalized in the United States were entitled equal rights regardless of their race, and that their rights were protected at both the state and national levels. |
| Baker vs. carr | deals with reapportionment and redistricting, dealing with the TN *state legislature districts*, sup court says that the state has to redraw their legislative districts every 10 years |
| Wesberry vs. Sanders | GA never redrew their boundaries, sup. court said that states had to redraw US congressional districs every 10 years |
| Heart of Atlanta Motel vs. US | motel in Atlanta that refused to let blacks stay there, sup. court says the Civil rights Act of 1964 can be enforced by the national government through the interstate commerce clause to end disrcimination in public accommodations |
| Griswold vs. Connecticut | Dr. Griswold beleived that women had the right of birth control pills; Dr. Griswold won, because states cannot take away the right to privacy (9th amendment) |
| Roe vs. Wade | sup. court says tht women have the right to privacy, so for the first three months of her pregnancy, states cannot make abortion illegal |
| University of California regents vs. Bakke | Bakke-white guy who wants to go to med school, but he doesn't get in b/c the school had a quote (for race saved for other students); sup. court said that you can't have quotas, and race cannot be the only reason someone doesn't get in |
| Powel vs. Alabama | a group of men accused of raping a white woman are sentenced to death; sup. court says states have to follow the 6th amendment in death penalty cases, and must provide a free attorney to people who can't afford one |
| Betts vs. Brady | under special circumstances (ex illiteracy or mental disability), then you can have to get a free attorney from the state if you cannot afford one (states must follow 6th amendment) |
| Mapp vs. Ohio | Mapp has nude sketches in her house, but states cannot use evidence obtained without a search warrant (exclusionary rule) |
| Gideon vs. Wainwright | state must provide an attorney to anyone in a felony case if they cannot afford one (6th amendment) |
| Miranda vs. Arizona | Miranda-accused of raping a girl in Arizona; states have to follow the 5th amendment, by telling you that you have the right to remain silent. |
| Furman vs. Georgia | Fruman=black man accused and convicted of murdering a person, death penalty being used in a discriminatory fashion- sup. court says that applying the death penalty for a certain group of people is cruel and unusal-death penalty must be applied fairly |
| nation building | national government gets power |
| dual fed. period | states get power |
| cooperative federalism | national governments get powers |
| fiscal federalism | money affects who has power |
| coercive fed. | seems unitary |
| order of eras | nation-buling (N)-->dual fed. (S)--->cooperative fed. (N)-->new fed./devolution |
| LBJ | civil rights: 1. enforcement of school integration 2. affirmative action-FDR and LBJ 3. civil rights act of 1964 4. voting rights act of 1965 4.fair housing act of 1968 5. Great society programs |
| civil rights act of 1964 | no discim. in public accomodations; creates EEOC (equal employment opportunities commission) |
| voting rights act of 1965 | if a state has a history of discrim. for voting registration, the national government will take over the regis.- the discriminatory state has to giver thier maps to the US justice dept during reapportionment to get the districts approved |
| fair housing act of 1968 | no discrimination in selling prop. or renting appartments |
| great society prgrams | war on poverty, free and reduced lunches, medicare, medicaid, welfare, food stamps |
| how coop. fed (aka fiscal fed.) became coercive fed. (being forced to do something) | categorical grants-states has to match funds, state budget probs, crossover sanctions-if one part of something is bad, the whole thing is punished by losing grants, preemption-if something takes the place of something else, unfunded mandates |
| devolution | states getting power |
| for devolution | gov. expedentures waste billions of dollars, states are closer to the people, unfunded fed. mandates, states can respond mroe quickly to the people's needs, less money is wasted, prevents unfunded mandates, every state isn't the same, so national government does not need to make the same rules |
| disad. of devolution | not very efficient for national goverments, some things just need national regulations (ex: enviorent), some things are too expensive for just state gov., no guarantee the states won't waste money too, competitions b/w sttes, states may find more ways to discrim., race to the bottom, if devolution becomes too strong, tyranny of the maajority could happen |
| federalism in 200 | help Am. vote act, Homeland security, no child left behind act, Gonzales vs. Raich, Economic influence |
| Help Am. vote act | states had to get all new ballots-can no longer have punchcard ballots |
| homeland security | national gov. has more power to protect the US after terrorist threats |
| No child left behind act | test which shows how districts are school are doing; national power over states, could lose funding |
| Gozales vs. Raich | the controlled substances act gives national gov. power of the state rules |
| unitary | national gov. has all the power |
| concurrent powers | possessed by both national and state goverments` |
| contract w/ America | start of devolution |
| process of devolution | role of governors, eevenue sharing and catergorical grants (wasteful gov. spending, pork barrel), budget probs of the national gov, development of block grants, unfunded mandates bill, welfare reform act, medicaid transformation act |
| New fed. court cases | webster vs. Reproductive services of Missouri, Planned Parenthood of PA vs. Casey, US vs Lopez, US vs. Morrison, Zelman vs. Simmons-Harris |
| Webster vs. reproductive services of MO | sup court said it was okay to put limits on abortion (but still have to allow it to occur) |
| Planned parenthood of PA vs. Casey | PA put more limits on abortion: under 18, need adult consent, had to have a 24 hour waiting period; sup. court said that PA could put limits on abortion, but, the state cannot put an undue burden on the woman |
| US vs. Lopez | has to do w/ guns and schools; Lopez-accused of a crime near school (w/ a gun), because he had a gun near school, he got 3 extra years on his jail sent. sup court said it was up to the states to put rules on the school, not the national gov. (up to states to protect schools) |
| US vs. Morrison | preventing violence against women law-dealt w/ interstate commerce; the national government cannot use its power of interstate commerce for everything |
| Zelman vs. Simmons-Harris | has o do w/ education about school vouchers; Cleavland wrote a law that said if you were paying prop taxes for a public school, you get some $ back to: 1. send your kid to a private religious school, 2. non-private religious school 3. or a diff. public school district |
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