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Federal Government- A way of organizing a nation so that two or more levels of g overnment have formal authority over the

same area and people. Shared power. Unitary Government-All power resides in the central government. (American states are unitary governments with respect to their local governments.) Confederation-The national government is weak and most or all the power is in th e hands of its components, eg. states. Intergovernmental Relations-The entire set of interactions among national, state , and local governments. 100 senators, 1/3 of them up for election every 2 years, each serve 6 year terms -30 minimum years of age, 9 year citizenship -Impeachment trial through senate needs 2/3 of the vote 435 representatives, each up for election every 2 years -25 minimum years of age, 7 years citizenship -1 representative for 700,000 people -House set their own rules President must be 45 years old. He is commander in Chief of the military, and ha s the power to make treaties with consent and advice of the Senate (need 2/3 vot e to concur), has power to nominate ambassadors. He can fill up empty spots in t he Senate aka RECESS APPOINTMENTS. Federalism enhances judicial power. Dividing government power and responsibiliti es necessitates umpires to resolve disputes between the two levels of government . States are responsible for social, family, law enforcement, and moral issues. EX : health care, elections, education States decide drinking ages, but national policies mandate that it must be 21 in order to receive highway funds. Process for Amending the Constitution: 1. Proposal requires 2/3 vote in both House and Senate 2. Ratification required by of all the state legislatures ***only the 21st amendment passed through of state conventions. Supremacy Clause- Article VI of the constitution, which makes the constitution, national laws, and treaties supreme over state laws when the national government is acting within its constitutional limits. National Government Can: 1. Coin Money 2. Foreign Relations 3. Regulate interstate/international commerce 4. PREZ Declares war EXECUTIVE CONDUCTS WAR 5. Provide Army/Navy 6. Establish courts below Supreme Court 7. Make laws necessary and proper/ Elastic Clause 8. Establish post offices 9. Tax 10. Provide National Defense 11. Welfare States Can: 1. Establish local governments 2. Conduct Elections 3. Take measures for public health, safety and morals 4. Exert reserve powers McCulloch v Maryland- An 1819 Supreme Court decision that established the suprem acy of the national government over state governments. In deciding this case, Ch ief Justice John Marshall held that Congress had certain implied powers (TO CREA TE A BANK) in addition to the enumerated powers found in the Constitution. State could not tax federal bank. Gibbons v Ogden- A landmark case decided in 1824 in which the Supreme Court inte rpreted very broadly the clause in Article I, Section 8 of the Constitution givi ng Congress the power to regulate interstate commerce, encompassing virtually ev ery form of commercial activity. EXTENDS FEDERAL POWER, NOT POSSIBLE WITHOUT NEC ESSARY/PROPER CLAUSE.

US v Lopez- The GFSZA exceeded Congresss constitutional authority to regulate com merce. 1995 US v Morrison- Ruled that the power to regulate interstate commerce did not prov ide Congress with authority to enact the 1994 VAWA Heart of Atlanta Motel v US- Upholds Civil Rights Act. Motel was discriminating against non-whites. US ruled that unconstitutional South Dakota v Dole 1986- Raising taxes on federal highways if the state does no t comply with the drinking age set to 21. Brown v Board of Education- The Supreme Court held that school segregation was u nconstitutional in 1954. Full Faith and Credit Clause- A clause in Article IV, Section 1, of the Constitu tion requiring each state to recognize the official documents and civil judgment s rendered by the courts of other states. Individual Rights: 1. Writ of Habeas Corpus- Such a court order enables persons detained by authori ties to secure an immediate inquiry into the causes of their detention. If no pr oper explanation is offered, a judge may order their release. 2. Prohibits Congress from issuing bills of attainder, which punish people witho ut a judicial trial. 3. Prohibits Congress or the states from passing ex post facto laws, which punis h people or increase punishments for acts that were not illegal or not as punish able when the act was committed. 4. Prohibits the imposition of religious qualifications for holding office in th e national government. Extradition- A legal process whereby an alleged criminal offender is surrendered by the officials of one state to officials of the state in which the crime is a lleged to have been committed. Privileges and Immunities- A clause in Article IV, Section 2, of the Constitutio n according citizens of each state most of the privileges of citizens of the oth er state. The goal of this provision is to prohibit states from discriminating a gainst citizens of other states. An exception would be in-state or out-state col lege tuition. Dual Federalism Layer Cake- A system of government in which both he states and the national government remain supreme within their own spheres, each responsible f or their own policies. Cooperative Federalism Marble Cake- A system of government in which powers and pol icy assignments are shared between states and the national government. They may also share costs, administration, and even blame for prorams that work poorly. 1. Shared Costs-Cities and states can get federal money only if they pay some of the costs. 2. Federal Guidelines-Federal grants come with strings attached. EX: If states want highway funding, then the legal drinking age must be 21. 3. Shared Administration-State and local officials implement federal pol icies, but they have administrative powers of their own. Devolution/New Federalism- Return power to the states. Fiscal Federalism- The pattern of spending, taxing, and providing grants in the federal system; it is the cornerstone of the national governments relations with state and local governments. Categorical Grants- Federal grants that can be used only for specific purposes, or categories, of state and local spending. They come with strings attached, such as nondiscrimination provisions. o Project Grants- Federal categorical grants given for specific purposes a nd awarded on the basis of the merits of applications. o Formula Grants- Federal categorical grants distributed according to a fo rmula specified in legislation or in administrative regulations. Block Grants- Federal grants given more or less automatically to states or commu nities to support broad programs in areas such as community development and soci al services. EXAMPLE OF DEVOLUTION Horizontal Federalism- Refers to state-to-state relationships. Obligations inclu de: full faith and credit, privileges and immunities, extradition.

Vertical Federalism-The relationship among central, states and local governments vertically. Central government is at the top of the vertical line, and then sta te government and then local government. This clause is introduced to understand the distribution of powers among the three type of governments. Mandates- Legal requirements. o Funded Mandates- Those that are paid for by the federal government. o Unfunded Mandates- Those that are not paid for by the government -No Child Left Behind -Voter Registration Act 1993 The ADA-1991- Americans with Disabilities act. Government would help fund state projects for adding access ramps to buildings Difference between Laws and Mandates: -Laws forbid. -Mandates require. Cross-Cutting Requirements- To receive federal money you cannot discriminate on race, age, and gender in the workplace. Cross-Over Sanctions- SD vs Dole, the federal threat to pull money from on progr am because of another program. Privatization- Having private sector businesses deliver services previously deli vered by government. Main local tax? PROPERTY Main state tax? SALES Main federal tax? INCOME Federalism Advantages 1. Permits diversity of policy 2. Local people deal with local problems 3. States as laboratories a. If there is some policy that the federal government is considering implementing, they test run it in a state to see if its a good idea bef ore executing it nationally 4. Different outlets or access points to have your voice heard. a. i.e. Interest groups can lobby local, state, or federal policies 5. Interest groups cant easily take over Federalism Disadvantages 1. Permits some local or state discrimination 2. Harder to coordinate action 3. Some states drag their heels 4. Small minorities can block action for a long time (Filibuster!) 5. This can lead to inequality among citizens between states

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