Chapter 4: Federalism: Dividing Governmental Power

Question 1

Federalism is

Answer 1

A constitutionally created system of dividing power between the national government and the state government

Question 2

Each enforces its laws directly on

Answer 2

Their citizen, both pass laws, impose taxes, spend money, and maintain their own courts

Question 3

Federalism: The Constitution is the

Answer 3

Only legal source of authority for both the national government and the state government

Question 4

Both the national government and the state governments derive their power directly from

Answer 4

The people

Question 5

Unitary system

Answer 5

Formal authority rests with the national government and whatever powers are exercised by states, provinces, or subdivisions are given to those government by the national government

Question 6

Confederation of States

Answer 6

The national government is created by and relies on the subnational governments for its authority, not the people. Ex: European Nation and the United Nations

Question 7

States are unitary systems. A state government could

Answer 7

Abolish local governments or change their boundaries without their consent

Question 8

The founders believed a federal system would protect

Answer 8

Liberty, disperse power and encourage policy innovation

Question 9

To protect liberty, power was divided between the

Answer 9

National government and the states

Question 10

The Founders sought to construct a system in which governments and government officials would be constrained by

Answer 10

Competition within other governments and another government official. “Ambition must be made to counteract ambition

Question 11

Dispersing power

Answer 11

In dividing power between the national and state governments, the founders believed dispersed power would guard against tyranny

Question 12

Encourage policy innovation

Answer 12

The Founders hoped federalism would encourage policy experimentation and innovation

Question 13

Federalism was intended to create

Answer 13

“Laboratories of democracies” where state experimentation with new solutions to social and economic problems could be conducted

Question 14

Federalism permits local leaders to

Answer 14

Frustrate national policy to sacrifice national interests for local interests

Question 15

Federalism permits local and national leaders to avoid responsibility by

Answer 15

Blaming each other when the government acts incompetently

Question 16

The Constitution originally defined American federalism in terms of:

Answer 16

The powers expressly delegated to the national government plus the powers implied by those that are expressly granted
A) Necessary and Proper Clause
B) National Supremacy Clause

Question 17

The Necessary and Proper Clause grants Congress the power to

Answer 17

Enact all laws that are “necessary and proper” for carrying out those responsibilities delegated explicitly to it

Question 18

The N & P Clause allows Congress the power to

Answer 18

Imply it has powers based on those that are specifically delegated to it

Question 19

The National Supremacy Clause: The Constitution, all federal laws, and all treaties are the

Answer 19

Supreme law of the land and are superior to any state constitution or law, hence, if a state law conflicts with federal law, the federal law shall prevail

Question 20

The Constitution originally defined American federalism in terms of:

Answer 20

The concurrent power

Question 21

The concurrent power exercised by

Answer 21

Both states and the national government

Question 22

A concurrent power is those recognized in

Answer 22

The Constitution as belonging to both the national and state governments

Question 23

The power reserved to

Answer 23

The states

Question 24

The Reserved Power Clause

Answer 24

AKA the Tenth Amendment provides

Question 25

The Tenth Amendment provides that

Answer 25

“The power not delegated to the U.S by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

Question 26

The Tenth Amendment allows states to

Answer 26

Generally retain control over property and contract law, criminal law, marriage and divorce, education, highways, and social welfare activities

Question 27

The Tenth Amendment has declined in

Answer 27

Power in recent years

Question 28

States’ obligation to each other

Answer 28

The Full Faith and Credit Clause

Question 29

The Full Faith and Credit Clause requires the state to

Answer 29

Give legal recognition to actions and decisions taken by other states

Question 30

The Full Faith and Credit Clause ensures that

Answer 30

Contracts, property ownership, insurance, civil judgments, marriages and divorces, among other things, made in one state are recognized in all states

Question 31

The Defense of Marriage Act (1996) was passed by

Answer 31

Congress allows states to not be forced to recognize marriages between two people of the same sex

Question 32

The Constitution originally defined American federalism in terms of

Answer 32

The power denied by the Constitution to both the national government and the states government

Question 33

The Constitutional provisions give the states a role in

Answer 33

The composition of the national government

Question 34

The federal government has increasingly encroached on

Answer 34

Those activities are traditionally reserved to the states

Question 35

Through its power to tax and spend for the general welfare, the national government is

Answer 35

Now deeply involved in matters traditionally that were the domain of the state governments

Question 36

Grant-in-aid

Answer 36

Payment of funds by one level of government to be expended by another level for a specified purpose, usually on a matching funds basis and in accordance with prescribed standards of requirements

Question 37

Grant in aid: About one-quarter of all state and local government revenues currently come from

Answer 37

Federal grants

Question 38

Grant-in-aid used for

Answer 38

Diverse programs: to preserve historic building, develop minority-owned businesses

Question 39

Welfare and Medicaid account for

Answer 39

Two-thirds of the federal aid money

Question 40

Devolution

Answer 40

Transfering responsibilities from national government to the state government

Question 41

The 1996 Welfare Reform Act allows

Answer 41

States broad flexibility in fashioning programs to comply with federal mandates allowing recipients to receive welfare for two years at a time and a five-year lifetime limit

Question 42

Increasingly, Congress has undertaken direct regulation of areas traditionally reserved to

Answer 42

The states restricted state authority to regulate these areas

Question 43

Federal preemption: The National Supremacy Clause allows

Answer 43

Congress to determine whether or not there is preemption of state laws in a particular policy area by federal laws

Question 44

Total Preemption

Answer 44

The federal government’s assumption of all regulatory powers in a particular field

Question 45

Partial Preemption

Answer 45

The federal government’s assumption of some regulatory powers in a particular field, provided that the state law on the same subject is valid if it does not conflict with the federal law in the same area

Question 46

Standard Partial Preemption

Answer 46

Permit states to regulate activities in a field already held by the federal government as long as state regulatory standards are at least as stringent as those of the federal government