AP US Gov outline Chapter 3 Steven Tsay

The power of government must be equal to its responsibilities

Federalism, dividing of power between state and nation, result of political
bargaining- compromise 1787 by prior existence of the states rather than a
political theory
Federalism constantly shifting based on political needs and party ideology
Contemporary federalism tilts towards national authority, reflecting the
increased interdependence of American society
I) Federalism- separation of power between state and nation
A) Originated from failure of articles of confederation- could not tax or conscript
citizens nor regulate economic activities, directives to states, but ignored.
i) Since cant tax, no money to form navy and defend against European
harassment
ii) State have import tax on each other
B) Federalists arguments: James Madison & Alexander Hamilton- federalist paper
support and says 1)protect liberty 2) moderate the power of government
i) Help can come from two levels.
ii) Small government can have dominant factions
C) Anti-Federalists arguments: bigger give lose touch with people quotes
Montesquieu that small republics serve wishes of people better
D) Need to preserve states( social context people loyal to their states) and need
for national government
E) Sovereignty- (supreme and final governing authority) regarded as indivisible,
yet federalism does exactly that
F) Constitutionally protected- authorities not subject to others approval
G) State: public education and police
H) Nation(national scope): military defense and currency
I) State & Nation shared: raise tax and borrow money
J) Constitution: authority that is not delegated to the national government is
reserved to the states
i) Article 1, 17 enumerated(expressed) powers of the national government
ii) Article 1, prevents states from actions that would encroach on national
powers
(a) Section 10 cannot make treaties with other nation, raise armies,
waging war, print money , commercial agreement with other state
without congress approval
(b) Article VI- supremacy clause National>State laws when conflicted
iii) Article 1- Necessary and proper clause(elastic clause) give congress
implied powers that are not listed in constitution but related to the
exercise of the powers that are listed
iv) 1971 tenth amendment- powers not delegated to the United States, by
the Constitution, nor prohibited by the States, are reserved to the Statesreserved powers
K) Historical eras of Federalism- overall increase in national authority

i) First era constitution effect 1789- civil war 1865

(a) Hamilton national bank constitution gives power of currency thus
implied v.s Jefferson- help rich people, not stated, thus state power
(b) 1781-1811 first bank American 1816 second bank. Maryland section of
bank refused McCulloch to pay taxes levied by Maryland to oppose the
bank
(c) 1819McCulloch V.S Maryland- Marshall( nationalist) rules in favor of
nation, through Implied power and supremacy clause
(d) Set precedent of Gibbon v Ogden 1824 new york law giving monopoly
of transportation repealed.- makes power over commerce supreme
(e) Slavery- John C. Calhoum- doctrine of nullification- state has the
constitutional right to nullify a national law
(a) Dred Scott 1857 ruled slaves as property, thus congress canot deny
property rights
(i) Splits democratic into north or south, republican Lincoln won,
won civil war, settling national supremacy and absolute of law
ii) Second era- Dual Federalism and Laissez-Faire Capatilism(1865-1937)
(a) Dual federalism- precise separation of naitonal and state authority was
both possible and desirable
(b) Supreme upheld in this area 1)state supremacy in racial policy 2)
business supremacy
(a) Decisions undermine the 14th (equal) amendment
(i) Plessy v.s Ferguson separate but equal- sanctioned separation
(c) Layered Cake federalism during-shortly after civil war, where each step
of the government tries to exercise control
(a) Supreme court rule business as persons- so state regulation
loosens- 1890 Sherman Antitrust act overruled because it is
Intrastate, so Gov. cant do anything, state cant either since
businesses are people
(d) Some progressive republicans like Theodore Roosevelt, but as a whole
Herbert Hoover didnt do anything believe in free market during the
great depression
(e) Democratic 1932 Franklin Roosevelt help economy 1933 National
Industry Recovery Act-federal judge program
(a) Supreme court attempted to overrule, Theodore used congress to
increase number if some justice already reached 75, so someone
switched sides to give in to the threat
(b) Congress declared Congresss commerce power is as broad as the
needs of the nation
(f) Marble cake- early 20th century- government more intrusive in policies
National recovery act
iii) Third Era-Contemporary Federalism- since 1937- (Fiscal Federalism)
(a) Linda Johnson helped in state level by great society- used congress
power to tax and spend money as justification
(b) Three proponents for the trend
(a) Interdependency- increase in transportation means widespread
common problems

(b) Desire for governmental services

(c) Federal government tax policies-raise tax in states can easily move,
country not so much
(c) Cooperative Federalism(Creative Federalism)- joint funding, decision
making, administration. Ex: Medicaid funded by both national and
state- states still retain most of traditional power
(a) Fiscal federalism- arrangement operate based on funding grantsbut follow national guidelines
(i) Categorical grants- restricted activity(formula grants)
(ii) Block grants- general area(project grants)
(b) Sharing cost between national and local government
(c) Guidelines and rules set by federal in order for states to reap the
benefits
(d) Dual administration
(d) Devolution(republican) Competitive federalism-Reagan and Nixon
(a) - shift of power to the states- Nixon revenue sharing- give em
money LOL Reagan block instead of categorical grants. Remove
unfunded programs
(b) Supreme court ruled in favor of state by justifying 11 th amendment
in where state can choose not to be sued ( not related to
constitution)
(c) 1996 Bush kind of ended the movement by setting national
standard on education no child left behind after 9/11 department
of homeland security federal power
(i) 2008 economic crisis bailout
(d) Obama against devolution, supports massive spending by the
federal government
iv) Departments created after 1930 to address usual state issues. Health and
Human Services, Housing and Urban Development, Transportation,
Education, Homeland Security
L) Shaped by public opinion, great depression shift to Washington for help,
federal social and welfare. 1990 Welfare ineffective, devolution movement.
Stimulus bill 2009 popular, when proven not effective, republicans gain
popularity
II) Unitary system 1787- national government- authority granted by national
government, can withdraw
III) Confederacy- states alone are sovereign