Federalism Flashcards

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1
Q

Dual Federalism (1789-1932)

A
  1. State government and national government deal with their powers INDEPENDENTLY of each other
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2
Q

Grants

A

Free (no debt) money to states/local governments

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3
Q

Categorical Formula Grants

A

Based on formula: # of ppl x $$ per person, often come with strings such as matching funds requirement where $$ must be partially paid by state

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4
Q

Categorical Project Grants

A

Money is given to states based on specific proposed programs and funding

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5
Q

Block Grants

A

Grants given over broad policies such as education or welfare
- “Creeping categorization” adds more strings by specifying where X amount of money from grant goes

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6
Q

Mandate

A
  1. Funded mandate: States do something required by federal law that is paid ONE HUNDRED PERCENT by the federal government
  2. Unfunded mandate: Mandate that is not fully paid for by the federal government
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7
Q

Cooperative Federalism (1933-1960s)

A
  1. State and National government work together to do something
  2. Ex. National government gives relief $$ to states after a natural disaster
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8
Q

Centralized Federalism (1963-1981)

A

Conditional programs/directives and grants to support national agenda

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9
Q

New Federalism (1981-now)

A

Devolution of policy responsibilities (making, financing, and implementation)

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10
Q

Conflicted Federalism

A

Combining dual, cooperative, and/or centralized on different policy matters creating a conflicted over policy agenda

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11
Q

Exclusive Powers

A

Powers delegated specifically to one level of government (ex. Congress declares war)

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12
Q

Concurrent Powers

A

Powers delegated to multiple levels of government (ex. Power to tax, build roads)

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13
Q

Due Process

A

Not losing natural rights (life, liberty, and property) without fair opportunity to defend oneself in a court of law (ex. Free lawyer, witnesses, public trial, habeas corpus)

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14
Q

Habeas Corpus

A

An accused person is told what they are being charged with by a judge (ex. Lincoln suspended during Civil War)

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15
Q

Emoluments Clause

A

No bribes from other nations (ex. Biden bribes from China? Trump bribes from Russia?)

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16
Q

Inherent Powers

A

Implied powers for the president (ex. Issuing executive orders)

17
Q

Police Powers

A

State passes law to protect health and safety (ex. COVID protocols)

18
Q

Supremacy Clause

A

Constitution = Supreme law of land (US v. Lopez, state won due to Constitution)

19
Q

Devolution Revolution

A

Sending power from federal government to states (ex. Began with Nixon and Reagan)

20
Q

Commerce Clause

A

Federal government granted power to regulate trade w/other nations, between states, and indian tribes (ex. Gun-Free School Zone Act only applies to guns moving from state to state)

21
Q

Necessary and proper/elastic clause

A

Congress has unlisted powers necessary to use expressed/enumerated powers (ex. Creation of IRS)

22
Q

Implied Powers

A

Powers Congress claims to be necessary to carry out expressed powers

23
Q

Enumerated Powers

A

Powers explicitly stated in the Constitution (ex. Power to lay and collect taxes)

24
Q

Confederation

A

States remain the main holders of power with a weak central government (ex. Articles of Confederations United States)

25
Q

Unitary Government

A

Smaller governments exist at the will of the central government (ex. Parliament pre-revolution)

26
Q

Federal Government

A

2 levels of government with different or shared powers as outlined by the Constitution (ex. Modern America)

27
Q

State Sovereignty

A

States’ ability/power to make decisions (ex. state regulation of gun laws)

28
Q

Creeping Categorization

A

Strings on block grants forcing certain funds to be allocated to specific areas (ex. education, $14 million spent on teacher salaries)

29
Q

Appellate Jurisdiction

A

The ability to hear (and related powers of) cases on appeal from lower courts

30
Q

Impeachment Process

A

Due to “high crimes and misdemeanors,” civil officers (president, VP, judges) can be impeached by:
1. An accusation in the House of Reps
2. A House Judiciary Committee investigation
3. A full House agreeing with a simple majority
(ex. Presidents Andrew Johnson and Bill Clinton)

31
Q

Judicial Review

A

The Supreme Court’s and federal courts’ ability to declare actions of government unconstitutional (ex. Marbury v. Madison striking down 1789 Judiciary Act))

32
Q

Impeachment

A

The process, not outcome, of an accusation of criminality of a president, VP, judge,

33
Q

Popular sovereignty

A

the idea that the power of a government stems solely from the people