Federalism

Unitary

• One body controls the rights that the other branches of the government receive

Confederal

• States have more pwoer than the federal government

Federal

• National governments control the state governments
• States are constitutionally protected
• Rights are either shared or reserved for one or the other

Constitutional Provisions Affecting Federalism

• Congress can regulate interstate commerce
• Necessary and Proper clause - powers can be expanded
• Supremacy Clause
• 10th amendment

Reserved Powers

• Police
• Public health
• General wellbeing of citizens

Concurrent Powers

• Overlapping
• Borrow Money
• Tax
• Courts
• Make laws
• Charter banks + corporations

Relations between the states

• Full faith and credit clause
  • Marriage, drivers licenses
• Extradition
  • Criminals have to be returned if caught
• Privileges and Immunities Clause
  • Can’t discriminate against people from out of state

Power to tax is power ot destroy - if state can tax federal institution they could destroy it

gibbpons vs ogden is often linked with mcculloch vs maryland

the bill of rights exist to limit the federal governments power

throigh certain decisions amendments are applied to the states

14th amendment was used to apply the first amendment to the states

• gitlow selective incorporation
• dual federalism applies to 2 pieces of government like a layer cake
• cooperative federalism dips into osme areas but not others
• A lot of these cases deal with the 14th amendment and due process clause
  • especially with new deal and onwards

Lochner vs New York

• first substantitive due process that arent enumerated rights that are granted are there non enumerated rights like the right to privacy?
• bakers had right to contract
  • Not in constitution
• Procedural due process is concerend that everyone gets the same procedures

Gitlow applied 1st amendment to the states through the 14th amendment

• selective incorporation
• States cannot deny people freedom of speech, assembly, religion

McDonald vs Chicago

• Lawsuit against chicago challenging gun ban
• Law enacted under govenrment said 2nd wasn’t available
• Selective incorporation used to apply 2nd amendment to the states

DC vs Heller

• Congress amde law, so its about the federal government since DC is a federal district
• DC bans guns in territory and Heller sues

Gonzales vs Reich

• California voters passed medical marijuana act
• Marijuana banned nationwide
• People sued saying Congress extended its power over state law
• Can congress use it to ban marijuana
• Commerce clause gives Congress the power to regulate marijuana because it affects the economy

Obergefell vs Hodges

• Gay marriage
• Obergefell and John Arthur were from Ohio where gay marriage was banned
• Arthur wanted to be listed as husband
• Maryland didn’t allow their marriage and sued
• Does the 14th amendment require states to follow due process clause and that marriage is recognized between states
• 2015

Over time federal government gets involved in more and more areas

Roe vs Wade

• Tried to allow abortion and thta her rights were protected
• Does the constitution recognize abortion
• the ruling was that the due process clause has a right to privacy
  • Substantitive due process
• Government should have interest of protecting womens health
• Eventually got overturned but was originally protecting womens rights

Planned Parenthood vs Casey

• Can state require abortions protections and restrictions
• From 1988
• Supreme court allowed states more leeway on decisions

Dobbs vs Jackson Womens Health

• Mississpi passed Gestational Age act that banned abortions after 15 weels
• Conflicted with Roe v Wade and Planned Parenthood
  • Protected until 24 week pregnancy
• Got overturned because it was an overreach of substatnative due process

Legislation

• Move towards cooperative federalism
• The New Deal
  • FDR needed a way to get out of the Great Depression
  • Gave people jobs and created social security
• WPA Works + Progress Administration
  • Uses federal power to build dams, highways, hiring artists to build murals in airports as a way of improving unemploument situaiton
• Social Security
  • Allows people to keep getting retirement money after thye are done working
  • Pay off while you work

Modern Federalism

• Often involves funding
• Federal government has means that the states don’t and are willing to give to states to enact priorities
• Grants in aid
  • Fed sets policy that gives money to the states to carry it out
  • Things like boosting education for low income schools
  • Title 1,2, etc
• Categorial Grants
  • Conditions attached for states to receive money
    • Matching funds, timeline, hiring, etc
• National Drinking Age Act
  • Different states would have different drinking ages, could cross border and go drink
  • up to states to decide, 10th amendment has nothing to do with drinking age
  • Federal government removed highway grants for states that don’t raise their drinking age
    • Federal government is basically bribing/coercing the states
• Unfunded Mandates
  • Mandates that don’t have any money attached
  • State passes legislation that requires schools to have defibrilators on the walls
  • State of new jersey passes legislation saying that they need to have defibrilators
    • Don’t give any funding, people have to pay
• ADA: Americans with Disabilities Act 1990
  • Federal legislation that required states and private businesses (anything with public access) to mak sure people with disabilities have access to the builidng
    • Ramps, elevators, etc
  • More money has to be spent to put it in because it is unfunded
• Johnson’s Great Society 1960s
  • Agenda for congress that extends the new deal into Medicaid (help for underpriviledged and gave matching funds), expansion of federal power,

Education

• Title 1 funding
  • Low income funding
• No Child Left Behind
  • 2002, GW Bush
  • Tied grant money to states meeting certain standards
  • Standardized testing to keep schools accountable
  • Made sure underachieving schools were put on notice
    • Forced to reorganize
  • Enforcing national standards and forcing states to adhere ot them by tying money to it
• Every Student Succeeds Act 2015
  • Gives more latitutde to the states than the NCLB
  • Testing grades 3-8 and junior year
• Zelman v Simmons-Harris
• Trends more towards the states leverage to be able to decide their own standards
• Government gets more involved in state issues during the new deal and the great society using the commerce clause
• In the early 200s and 2010s the federal govenrment gets more involved in education