AP US Government – Unit 1 Notes (Part 2)
I. Political Systems
A. Confederal System – Power is primarily found in the sub-units of the central
government (central government is very weak)
1. Articles of Confederation
2. Confederate States of America during the Civil War
B. Unitary System – Power is from the central government which has total sovereignty
(sub-units/provinces exist at the whim of the powerful central government)
1. United Kingdom
2. China
C. Federal System – Power is shared between the central government and sub-units
1. United States
2. Canada
3. Mexico
4. Federalism is the relationship (ever changing) between the national and state
governments in the United States
II. Historical Development of Federalism
A. Federalism in the Constitution
1. Attempt to balance the concerns over unitary tyranny during British colonial
control and the chaos from a confederal system during the Articles of
Confederation
2. Expressed/Enumerated/Delegated Powers (Article I. – Section 8)
a. Powers specifically granted to the national government
b. Declare War
c. Raise an army and navy
d. Regulate Interstate Commerce (Commerce Clause) and foreign
commerce
e. Levy taxes and appropriate funds
f. Power to coin money, establish a postal system, borrow money among
additional powers that exist
3. Concurrent Powers
a. Powers shared between the national and state governments
b. Levy taxes
c. Create court systems
4. Reserved Powers (guaranteed via the 10th amendment)
a. Powers held by the state governments only
b. Creating local governments
c. Regulate intrastate commerce
d. Police power
e. Public education
5. Prohibited Powers
a. Powers denied to all American governments (national and state)
b. Taxing exports
c. Ex post facto laws
d. State import taxes, foreign treaties and declarations of war
6. Necessary and Proper Clause (Elastic Clause)
a. Creation of implied powers
b. Ex. - Drafting of soldiers (via expressed power to raise an army)
c. Created debate on the interpretation of the length of federal power
i. Loose Constructionists – believers in broad expansion of
federal power (supported by Hamilton)
ii. Strict Constructionists – believers in very limited powers of the
federal government (supported by Jefferson)
B. McCulloch v. Maryland (1819)
1. Opinion states that “the power to tax is the power to destroy” and therefore
states cannot tax the federal government
2. Asserts federal supremacy over the states in matters of conflict
3. Asserts power of the Supreme Court (and Chief Justice John Marshall) in
matters of interpreting matters of federalism
C. Nullification Controversy
1. Antebellum state belief that states had the power to find laws of federal
government null and void if the states believed them to be
unconstitutional
2. Belief is forever crushed following the Union victory in the Civil War
D. Issues Regarding the Commerce Clause
1. Gibbons v. Ogden (1824) - broadly interprets federal power in “regulating
interstate commerce”
2. Continued broadened expansion of the federal government’s power
a. Especially during the Progressive Era and the New Deal Era
b. Even used to uphold the constitutionality of Civil Rights legislation
3. Today, the federal government regulates almost all areas of commerce
4. Modern limitations on the Commerce Clause
a. U.S. v. Lopez (1995) – federal regulations on firearm possession near
schools
b. U.S. v. Morrison (2000) – Violence Against Women Act
III. Competing Types of Federalism in History
A. Dual Federalism
1. Powers between the national and state governments have clearly defined
boundaries
2. Was the relationship that existed until the 1930s
3. “Layer Cake” model
B. Cooperative Federalism
1. Powers between the national and governments don’t have clearly defined
boundaries due to the working together of the levels of government to
address policy matters
2. Describes the relationship that has existed since the 1930s
3. “Marble Cake” model
IV. Modern Federalism
A. Use of fiscal federalism – the use of funding by the federal government to have
influence over state governments
B. Grants-in-aid (federal funding that states attempt to qualify for)
1. Categorical Grants
a. Money that is specified for a specific program (strings attached)
b. Mostly supported by Democrats
c. Generally require some sort of state matching funds to qualify
d. Use of cross-cutting requirements (restrictions against discriminatory
policies to qualify for funding)
e. Use of cross-over sanctions
i. Use of funding in one area to exert influence in another area
ii. Ex. – Federal highway funds to change state drinking ages
2. Block Grants – “New Federalism”
a. Money that comes with few to no restrictions on how the money is to
be spent (no strings attached)
b. Mostly supported by Republicans
3. Existence of “creeping categorization” – tendency for block grants to
eventually become categorical grants due to desires of Congress to exert
influence over states
C. Mandates
1. Rules that states are required to follow to comply with federal guidelines
2. Usually applied to civil rights and environmental regulations
3. State complaints
a. “One size fits all problem”
b. Use of unfunded mandates
4. Modern Examples
a. Americans with Disabilities Act (1990)
b. No Child Left Behind Act (2001)
V. Advantages and Disadvantages of Federalism
A. Advantages
1. Mobilization of Public Activity (opportunity to be heard at multiple levels of
government)
2. Limits power of large interest groups/Provides opportunities for smaller groups
3. Promotes creativity and experimentation with policies
4. Allows for policies to meet individual needs of states
B. Disadvantages
1. Confusion for citizens regarding how to contact the appropriate government
official to voice concerns
2. Small, motivated interest groups can slow down the goals of the vast majority
3. Diverse policies can create inequity between citizens of different states
4. Confusion for citizens regarding different policies for the same issue in
different states
VI. “Devolution Revolution”
A. Attempt to restrict the growing encroachment of the federal government into the
policy realms of states
B. Strongly promoted by conservative Republicans of the 1980s and 1990s (ex.
“Contract with America” – 1994)
C. Why hasn’t the “Devolution Revolution” truly come to pass?
1. Impact of 9/11 attacks
2. Affordable Care Act “Obamacare” (2010)
VII. State Relationships Under Federalism
A. Full Faith and Credit (Article IV) – requirement that states must respect each other’s
public acts, records and court proceedings
B. Privileges and Immunities (Article IV) – citizens are entitled to the same rights and
privileges in all states regardless of state of residence
C. Extradition
D. State Compacts/Contracts (protected under Article I – Section 10)
E. Exceptions to the rules?