AP US Gov
Constitutional Underpinnings Unit
Federalism Chapter Guide
I.
Intro to Federalism
A. With regard to the “devolution revolution”-- where would you place the
pendulum of power between the federal and state governments? Justify
your placement with recent presidential, congressional and judicial
examples.
B. Describe the “important” characteristics of a federal system that define the
sources and scope of powers distributed.
C. ID and illustrate using symbols-- competing interpretations or ideas about
federalism.
D. Contrast and give examples of unitary systems and confedeations.
E. List and describe 5 benefits of federalism.
F. Contrast expressed, implied and inherent powers.
II.
Powers of the National Government
A.
How does the national supremacy article impact state and local
regulations?
B.
Define scope of the “war power” granted to the national government
C.
In what way does the commerce clause significantly expand federal
authority?
D.
“Interstate Commerce” over time: Explain the significance of the Gibbons
v. Ogden initially, through the 1960’s, and in 2 recent SCOTUS decisions.
to
E. How does Congress use the power of the purse to regulate what it cannot
directly control by law? List 4 examples of policies affected by this “power
tax and spend”.
ID decision re: unfunded mandates in Printz v. US
III.
Powers of the State Governments
A. ID limits on state powers to tax and regulate commerce.
B. Explain “carrot and stick” analogy used to define the relationship between
federal mandates and state jurisdiction over some issues.
C. How does the Defense of Marriage Act conflict with the full faith and credit
clause of the Constitution?
D. How is “out of state tuition” exempt from the flexible definition of state
citizenship (residency) as defined by privileges and immunities provision of
the Constitution?
E. What was the obvious objective of the extradition clause?
F. ID 4 possible subjects of “interstate compacts”.
Federalism Study Guide—Chapter 3 Part 2
IV.
Role of the Federal Courts--- THE UMPIRES
A.
McCulloch v. MD (1819)
1. Dispute that brought the case to court (Basic Facts)
2.Constitutional Provision under dispute:
3. Main Argument of State of MD (Martin):
4. Main Argument of Fed Govt (Webster):
5. Marshall’s Opinion and Rationale: “Let the end be…..
B.
1.
over
Fed Courts and Role of States
Specific Amendment and clauses that have greatly extended fed authority
states:
2.
When can federal law preempt state law (2)?
3.
Paraphrase 6 basic contentions of decentralist position:
4.
Paraphrase 6 basic contentions of centralist position:
VI. C. Supreme Court and Role of Congress
1.
ID trend of court decisions the scope of federal power from 1973 to 1990’s:
2.
Devolution Trend: Justice Stevens vs. Justice Thomas on state imposed
term limits for Congressmen:
Rationale of majority in US v. Morrison re: Violence against Women Act:
Does this case agree or disagree with the findings in US v. Lopez? Explain.
D.
Federal Grants
Define categorical grant. ID limit—Most Important Example:
How is a block grant different from a categorical grant? ID specific activities
covered.
Describe the political battle between republicans and democrats over federal
grants in aid:
E.
ID provisions of the Unfunded Mandates Reform Act:
List 2 broad areas of regulation that appear unaffected by the reforms:
F.
1.
Other techniques of federal control
Define direct orders and list example:
2.
Cross cutting requirements of Title VI of Civil Rights Act:
3.
Example of cross over sanctions:
4.
2 examples of mandatory partial preemption: