Ap Gov Unit 1 Constitutional Underpinnings

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Constitutional Structure of American Federalism
3 constitutional powers allow the federal system 2 expand the gov’s power 2 meet the needs of a modern nation in a global economy. * Expansion Rests on 4 pillars
1. National Supremacy Article
2. War power
3. Commerce clause
4. Power 2 tax/ spend 4 gen. welfare
Interpreting Federalism
* Mulloch vs. Maryland: under the Necessary And Proper Clause- the fed. Gov. has implied powers * The constitutional established supremacy as the fed. Gov. (preemption- when fed. Law or regulation precludes enforcement of state/loc. Law or regulations.) * So, you can’t tax a federal entity.

* Local is less competitive, and less likely to represent ethnicity.

The Great Debate: Decentralists vs. Centralists
* Decentr- view the constitution as a compact among states giving ltd power 2 the fed. Gov. * The 10th amend. Is important!
* National gov. is heaved handed. States are more responsive 2 community needs. Ex: HW Bush

* Central- view constitution as supreme law established by the ppl * Argue that only the nat. gov. is the gov of all ppl.

* 10th amend. Is important, but doesn’t stop fed gov. 2 authorize/exercise power * Supremacy limits states gov. local gov’s r less competent. Regulatory Federalism
* Congress authorizes programs, establishes general rules about how they’ll work, and * Appropriate $$ * Federal Grants:
1. Supply states/local gov’s w/ $$
2. Establish mini. Nat. standards (ex. Clean air)
3. Equalize resources in states
4. Solve national problems yet minimize growth of federal agencies.

Types of Federal Grants
* Category Formula Grants congress gives $$ by formula/ subject 2 detailed federal conditions. * Often on a matching basis (such as school lunches)
* *Category grants provide federal supervision to ensure federal $$ is spent as congress wants it to.

* Project Grants congress gives appropriate $$ 2 states/local non gov. agencies based on applications from those who want to participate. (such as the nat. sci. found.- supports sci programs 4 both state/local

* Block Grants Broad grants 2 states for prescribed acts (welfare, child equ, edu, soc serv) * Few string attached ( gov really does wutevr they want w/ the funds) NO matching funds * Mandates Fed. Requirements places on states are often w/ no funding (Amer. Dissab. Act 1990, no child left behind act 2001) * Unfunded mandates are harder for states and local govs

Prez Reagan: Devolution Revolution
* Devolution Returning authorization 4 programs helmed by the fed. Gov 2 the state and local govs. (Reflection of “own Fed”) * Deregulationfree biz. Capital by removing fed. Regulations (airline industry) * Unfunded mandates

Constitutional Structure of Federalism
* Formal framework of the national consit in fed. Sys can be stated simply: 1. National gov only has powers delegated by the constit. 2. Within scope of operations, the nat. gov. is supreme 3. State gov’s hav power that central fed. Can’t do. 4. Sum powers 2 both, sum 1 or the other

Aritcle 6-Supermacy Clause
Units overlap units
States/local over-lap nat.

Units overlap units
States/local over-lap nat.

Delegates Powers: Enumerated and Expressed
Delegates power given by the constit. 2 fed gov only
1. Print $$$
2. Regulate trade
3. Treaties/Foreign conduct policy
4. War
5. Army/Navy
6. Have office
Constitution
Constitution

States
States
Local

Local

Denied by both state constist.
Denied by both state constist.
National
National

Reserved Powers
Given to states from constit.
* Liscenses
* Ratify amendment
* Establish local gov
* Regulate intrastate business in state
* Elections
Interstate Relations
* Full faith/ credit clause
* Interstate privileges/immunities
*...
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