AP US Government AMSCO Guided Notes

1.3: Federalism

AP US Government
AMSCO Guided Notes

AP US Government Guided Notes

AMSCO 1.3 - Federalism

Essential Questions

  1. How do the needs of society affect the allocation of power between national and state governments?
  2. How has a balance of power between national and state governments been interpreted over time?
  3. How does the distribution of powers among three federal branches and between national and state governments impact policymaking?
I. Relationship Between the States and Federal Government

1. What is federalism and why did the framers choose to divide power between national and state governments?

2. How has the balance of power between state and federal governments changed since the Constitution was ratified?

A. Provisions Defining Federalism

1. What does the supremacy clause establish about the relationship between national law and state law?

2. What are full faith and credit, privileges and immunities, and extradition, and how do they regulate relations among states?

3. What does the Tenth Amendment reserve to the states and the people?

B. Exclusive Powers

1. What are exclusive powers and what types of issues does the federal government have exclusive authority over?

2. What are police powers and what types of issues do states have authority over through these powers?

C. Concurrent Powers

1. What are concurrent powers and what are examples of powers held by both state and federal governments?

D. Overlap and Uncertainty

1. How did the legalization of same-sex marriage in some states create a conflict between the full faith and credit clause and the Tenth Amendment?

2. How did the Supreme Court resolve the conflict over same-sex marriage in Obergefell v. Hodges?

E. Federal Grant Program

1. What are federal grant programs and how do they allow the federal government to influence state policy?

F. Addressing National Issues

1. What are categorical grants and how do they differ from block grants in terms of federal control?

2. Why did Congress prefer categorical grants over block grants despite Nixon's efforts to expand block grants?

G. Grants Through the Mid-1900s

1. How did the federal income tax and the Great Depression expand the federal government's use of grant programs?

2. What was the Morrill Land-Grant Act and how did it represent early federal involvement in state concerns?

H. Societal Concerns of the 1960s and 1970s

1. How did the federal government use grant programs to enforce civil rights and school desegregation?

2. What was President Nixon's 'special revenue sharing' initiative and why did Congress ultimately reject it?

I. Grants in the 1980s and Beyond

1. How did the National Minimum Drinking Age Act demonstrate Congress's power to use conditional grants to influence state policy?

2. What did the Supreme Court rule in South Dakota v. Dole about Congress's authority to attach conditions to federal grants?

J. Mandates

1. What are federal mandates and how do they differ from conditional grants in terms of state obligations?

2. What are examples of unfunded mandates and what financial burden did they place on states?

K. Devolution

1. What is devolution and how did Ronald Reagan's New Federalism attempt to return power to the states?

2. What did the Unfunded Mandates Reform Act and the Personal Responsibility and Work Opportunity Reconciliation Act accomplish?

II. Constitutional Interpretations of Federalism

1. How have Supreme Court interpretations shaped the balance of power between national and state governments over time?

A. Constitutional Definition of Federalism

1. What are enumerated powers and what does the necessary and proper clause allow Congress to do beyond those listed powers?

2. What powers are denied to Congress in Article I, Section 9 and to the states in Article I, Section 10?

3. How does the Fourteenth Amendment expand federal authority over the states regarding citizenship and equal protection?

B. Federal Power

1. What is the commerce clause and why did the framers include it in Article I, Section 8?

C. The States

1. What is the difference between delegated powers, reserved powers, and concurrent powers?

D. The Supreme Court Shapes Federalism

1. What were the two central questions in McCulloch v. Maryland and how did the Court rule on each?

2. How did McCulloch v. Maryland expand federal power through the necessary and proper clause and the supremacy clause?

3. What did Chief Justice Marshall mean by 'the power to tax involves the power to destroy'?

E. Dual Federalism and Selective Exclusiveness

1. What is dual federalism and how did it allow states to regulate commerce within their borders?

2. What is selective exclusiveness and why did it work during the early years of the nation?

F. National Concerns, State Obligations

1. How did the Progressive movement and the Sixteenth Amendment expand federal regulatory power?

2. What examples show how Congress used the commerce clause to regulate issues traditionally under state control?

G. The Supreme Court Stretches the Commerce Clause

1. How did Hammer v. Dagenhart limit federal power and what was the distinction it made between manufacturing and commerce?

2. How did United States v. Darby overturn Hammer v. Dagenhart and expand federal authority over labor standards?

H. MUST-KNOW SUPREME COURT CASES: UNITED STATES V. LOPEZ (1995)

1. What was the constitutional question in United States v. Lopez and how did the Court rule?

2. Why did the Court conclude that the Gun-Free School Zones Act exceeded Congress's commerce clause authority?

3. How did United States v. Lopez represent a shift in federalism compared to earlier expansive interpretations of the commerce clause?

III. Federalism in Action

1. How does the distribution of powers among the three branches and between national and state governments create multiple access points for policymaking?

A. The Sharing of Powers

1. How does the sharing of powers between branches and between national and state governments affect the speed and nature of policymaking?

B. Environmental Policymaking

1. What role did President Theodore Roosevelt play in establishing environmental protection as a federal concern?

C. Executive Branch and Background on Environmental Policy

1. How did Theodore Roosevelt use executive authority to protect public lands without waiting for congressional action?

D. Congress and Environmental Legislation

1. What major environmental laws did Congress pass in the 1970s and what did each require?

2. How did the Love Canal disaster lead to the creation of the Superfund?

E. Clashes Between Branches Over Environmental Policy

1. How did the Supreme Court check EPA authority in 2015 regarding mercury emissions from power plants?

F. Disagreements Over Climate Change

1. Why did the U.S. Senate fail to ratify the Kyoto Protocol and how did President Obama attempt to address this constraint?

2. How did states respond when President Trump withdrew from the Paris Agreement?

G. State Initiatives

1. How did California use its Tenth Amendment powers to implement cap and trade policies for carbon emissions?

H. Political Participation and Policymaking

1. How do multiple access points in the federal system allow citizens to influence policy at different levels of government?

I. Legalizing Marijuana

1. How did public opinion on marijuana legalization change from the 1970s to the 2020s?

J. Order Over Liberty

1. How did states and Congress criminalize marijuana in the early 20th century and what was the rationale?

2. What was the Controlled Substances Act and how did it classify marijuana?

K. Citizen Influence

1. How did advocacy groups and citizen participation through ballot initiatives drive the movement to legalize marijuana?

2. What role did California's Proposition 215 play in the broader legalization movement?

L. Presidential and Judicial Policymaking

1. How did the Supreme Court rule in Gonzales v. Raich regarding federal authority over marijuana?

2. How did the Obama administration's approach to marijuana enforcement differ from the Bush administration's approach?

3. How has administrative discretion and changes in presidential administrations created inconsistency in marijuana policy enforcement?

Key Terms

block grants

categorical grants

concurrent powers

cooperative federalism

Defense of Marriage Act (1996)

devolution

exclusive powers

extradition

federalism

federal grants

fiscal federalism

full faith and credit

grant-in-aid programs

mandates

Personal Responsibility and Work Opportunity Reconciliation Act (1996)

police powers

privileges and immunities

revenue sharing

strings

supremacy clauuse

commerce clause

dual federalism

elastic clause

enumerated powers

Fourteenth Amendment (1868)

implied powers

McCulloch v. Maryland (1819)

necessary and proper clause

selective exclusiveness

Tenth Amendment (1791)

United States v. Lopez (1995)

Clean Air Act (1970)

Clean Water Act (1972)

Controlled Substances Act (1970)

Elementary and Secondary Education Act (1965)

Endangered Species Act (1973)

Every Student Succeeds Act (2015)

Kyoto Protocol (1997)

National Environmental Protection Act (1972)

No Child Left Behind Act (2002)

Paris Agreement (2015)