Chapter 3: Federalism

Chapter 3: Federalism

1. The Guarantee Clause:

   • guarantees that states shall have a Reppublican Form of Government

2. the constitution regulates the relationship between the national gov and the states through:

   • The supremacy Clause
   • The 10th Amendment
   • The 11th amendment
     • which prohibits federal courts from hearing suits against a state by citizens of another state

3. Supreme Court Cases

   • Obergefell v. Hodges
     • the supreme court ruled that same-sex marriages are legal.
   • McCulloch v Maryland
     • 1819 Supreme Court decision upholding the right of Congress to create a bank.
   • Gibbons v. Ogden
     • the court ruled that Congress's authority to regulate commerce among the states gave them the authority to manage the licensing of steamboats traveling between NY and NJ.

4. Acts and Articles

   • Defense of Marriage Act(1996)
     • relieves the governments and the states of the obligation to accepting the validity of same-sex marriages performed in other states. 
   • Article IV
     • requires states to treat people from other states as equal to their own residents. There are exceptions, like out-of-state tuition.
   • Abe Lincoln issued the Emancipation Proclamation
     • this prohibited slavery in states under rebellion 
   • National Minimum Drinking Act
     • withheld a percentage of federal highway funds from states that did not increase their drinking age to 21.
     • signed by Ronald Reagan
   • No Child Left Behind
     • increased federal involvement in public education 
   • Violence Against Women Act
     • gave victims of gender-based violence the right to sue their attackers in federal court.
   • Missouri Plan
     • process for selecting state judges whereby the original nomination is by appointment and subsequent retention is by a retention election.

5. Alexander Hamilton

   • proposed that Congress should establish a national bank in 1790

6. Thomas Jefferson

   • limited Hamilton's plan to promote manufacturing

7. Fugitive Slave Clause

   • Required states to return runaway slaves.
     • Congress passed a fugitive slave law in 1793

8. Lyndon B Johnson

   • gave federal aid to public schools
     • gave health care to the poor and elderly
       • gave money to the states through grants
         • Pushed for equality

9. Richard Nixon, president 1968

   • The Nixon administration led New Federalism
     • aka shifting powers back to the states
       • Ronald Reagan was a big supporter
         • he sought to reduce the power of government in general

10. Bill Clinton and the Clinton Administration

    • overhauled the federal welfare system
      • ending the federal guarantee of welfare to poor families with children, leaving final say on welfare spending with the states.
    • shifted the balance of power towards the states

11. George W. Bush 2001

    • Prescription Drug plan for medicare
      • this increased federal involvement in healthcare