Federalist Paper #10
Written by James Madison
Factions are bad
can't prevent them but can control effects
Madison said that a republic was the best because it would cut things off at the state level.
Federalist Paper #51
Written by James Madison
Checks and Balances
Separation of Powers
these made it so no one branch could be more powerful, however he said legislative>everything.
No gov. is necessary if men were angels.
based on popular vote
judicial must be impartial.
all authority is given to the national
a league of independent states, a union of political organizations.
national and state governments share power & derive authority from the people
Expressed (Enumerated) Powers
Powers specifically given to the national government in Article I, Section 8
Powers derived from the "Necessary and Proper" or "Elastic" Clause; not specifically mentioned in the constitution, but are still considered laws.
Powers that exist, in essence, simply because the US exists.
Reserved Powers(Tenth Amendment)
Also known as reserved powers. Derived from the 10th amendment. States run elections. States are responsible for education.
Powers denied to the Government
Any power not delegated expressly or implicitly to the federal government is prohibited to it. States are also denied certain powers.
The Supremacy Clause
Article 6, Clause 2 of the Constitution. Makes constitution the supreme law of the land. Forbids states from using their reserved or concurrent powers to thwart national policies. National laws take precedence over conflicting state and local laws. It has been used by the national government to extend it's powers.
McCulloch V. Maryland
First case that used the supremacy clause. Ruled that federal law is the supreme law of the land.
Gibbons V. Ogden
interstate commerce may be regulated by the federal government; first example fo the elastic clause
A system of government in which both the states and the national government remain in charge in their own sections; called a "layer cake" because there are two distinct layers; started in the mid-1800s.
When states tried to make it so that they could null and void laws they didn't like from the national government.
Dred Scott V. Sanford
ruled that slaves are not human beings; led to civil war. (last straw)
gave black men voting rights.
Allowed congress to levy income tax.
Direct election of senators to senate.
Advantages of a federal system
Strong national government that communicates with people, fits the size of the country.
A way to describe a child born to illegal immigrants in the U.S. The baby acts as an anchor for the family to the U.S because people don't like to separate mom's from new borns.
Tax dollars given by the national government to the states with fewer restrictions. (no string attached.)
Catergorical grants in aid
Tax dollars given by national gov. to states that are for specific designated programs and if not used for that purpose, the gov will take the money away and charge the state. (lots of strings attached)
powers shared by the state and federal government
Contract with America
proposed by Newt Gingrich, introduced 10 bills that would implement major reform of federal government. (republican)
state and national government cooperate in solving complex problems. (teamwork, woo!)
An attempt in 70's and 80's to restore the states some of the powers that have been given to the national government. (during Nixon era when trust for the national government was deteriorating
Disadvantages of a federal system
Scared of too much national government, small political units are too dominated, small states are left behind.
The last clause in Article I, Section 8 of the U.S. Constitution, giving Congress the power to pass any laws "necessary and proper" to carry out other constitutional duties. This clause is said to be so elastic that it can stretch far in congress' liking.
Examples of Concurrent Powers
To maintain law and order, levy taxes, borrow money, take land for public use, and provide for public welfare.
Examples of Delegated Powers
to levy taxes, regulate trade, coin money, maintain armed forces, declare war, and establish post offices and courts.
Examples of Reserved Powers
Tax citizens, control education, punish criminals, protect public health and safety, conduct elections, establish local governments, and make marriage laws.
The pattern of spending, taxing, and providing grants in the federal system.
Says all people born in the U.S are citizen and are guaranteed equal rights.
tax money given by the national government to the states
President Johnson's democratic reform program. Social Security, civil rights legislation, federal aid to education. All worked well in the beginning but are seeming to come back to get us now.
the working of the federal system. National, state, and local governments in that order.
Idea that the courts determine the boundaries of state and national government rights.
Layer Cake Federalism
A metaphor for dual federalism; equal layers of cake but they do not interfere with each other.
(1801-1835) The Supreme Court under Chief Justice John Marshall, which contributed to the growth of judicial review and supported federal power.
Marble Cake Federalism
Another term for cooperative federalism; based on a mixing of authority programs among the national states and local governments.
Franklin Roosevelt's economic reform program designed to solve the problems of the Great Depression, didn't work.
National laws are passed, but no money is given to the states to enforce them.
abolished slavery in U.S
Taney gradually helped modify Marshall's nationalism.
Stimulus program, bank/car bailouts (Cash for Clunkers), health care reform.
Reform Act of 1995
Prevents Congress from passing mandates without debate on how to fund them