AP GOVERNMENT FEDERALISM STUDY SESSION NOTES
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Regulatory Federalism- How money given to the state is regulated by the Federal Gov’t.
Direct Order- “This is not a political favor” Direct compliance or you face civil sanctions, EX. Equal
Opportunity Act, if broken you will pay fines. If you don’t hire a black/white woman/man you are not
complying as equal opportunity.
Cross Cutting- If you take federal funds or benefit you must “cross cut” other laws and obey them. Follow
EQA if you take our money.
Crossover Sanction- If you use federal money for one program to influence state policy in another. If you use
money from a federal grant, you must comply with other federally funded activities.
Total Preemption- Federal tells you exactly what to do; under supremacy clause, money must be spent on
what Fed tells you. “Take this money, do this.”
Partial Preemption- Nat’l government makes the decision; states tweak the final result and enforcement.
National > State because Nat’l controls money
If blacks get anything women benefit. Not vice versa.
ESSAY QUESTION:
A) Define Federalism
B) Describe how the 10th Amendment affects federalism; what is not given at federal level is reserved for state.
C) Tension between centralized and decentralized, federal mandate, and congressional elections in 90’s: What
happened? Who won? Why do I care if it went Democrat or Republican- Democrats = Centralized,
Republican = Decentralized. “People don’t like taxes, but want the perks”
D) Federal Grants and Aid, how do these show tension between state and federal; and money almost always has
strings attached? If you take money you must follow the EQA
MULTIPLE CHOICES:
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How many counties are there? 3000 counties in USA
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Quebec: Challenged the federal government, they want to secede. They want everything in French.
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What is it called when you try to move functions to state level? De-evolution Revolution
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Total # of Governmental Units: Higher end of choices
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What is NOT a concurrent power?
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Federalist 10: Factions “Dilute one voice”
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Tell me what federalism this is: “When power is shared between state and federal?” This is permissive
federalism.
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Know Marblecake and Cooperative Federalism
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A clearly Delegated power is an Expressed Power
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Know powers that are reserved to the states. “Create a republic form of gov’t, establish court, conduct
elections, and charter local gov’ts.”
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First State to allow Gay Marriage: VERMONT, it was called civil union, not marriage. Pseudo separate
status. 2004 was Massachusetts defined as marriage.
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Define Full Faith and Credit: A license or judgment, in one state is equally valid in another.
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What’s Extradition: Transfer a criminal to the original state of crime, governor decides.
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McCulloch vs. Maryland: Established supremacy clause.
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Which gov’t is divided into Cantons: Switzerland
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Social Grants: Do not exist, project grants, categorical grants, law grants do exist.
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Cross cutting requirement: MUST FOLLOW CIVIL RIGHTS ACT.
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Out of these that justices did not favor states rights? “Scalea- most conservative justice, anti gay rights,
anti abortion.” “Clarence Thomas- 2nd most conservative, black, used affirmative action programs then
said they make black people weak.” “Chief Justice Roberts, and Alito are conservative.” Stevens, and
Kennedy are medium.” “Sotomayor, Ginsburg, and Breyer are liberal.” Conservatives do not favor
states rights.
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Unitary Gov’t: Steroid octopus, power flows out, parliament, works with small govt’s.
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Clinton and Republican Congress worked to control welfare programs: T or F?
o Welfare: On for 2, off for 1, on for 2, then on your own passed in 96’, ended in 01’. TRUE
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US v Darby: Ruled that 10th amendment:
o Violates supremacy clause: No
o Cannot assert that the state > national: Yes
o Unlimited implied power to state: No
o Cannot deny states regulation of interstate commerce: No
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Elastic Clause: Carry out expressed laws
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A resident of NM is robbed in TX, calls police, find robber, this is an example of:
o 10th amend
o Supremacy clause
o Dual federalism
o Privileges and amenities: < This one