Ch 3 Federalism Flashcards

1
Q

Federalism

A

power sharing arrangement btwn national and local govs

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2
Q

Unitary Government

who has the power? how does the power flow?

A

Unitary Central Gov’t (national gov has all power)

power flows from central to satellites; can be granted or withdrawn

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3
Q

Confederal Gov’t (used in Articles of Confederation)

who has the power? how does the power flow?

A

(states granted power to central)

Power flows from satellites to each other and to central; can be granted or withdrawn

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4
Q

Federal Gov’t

who has the power? how does the power flow?

A

(similar to unitary) (diff bc satellite power flow back & forth)
Power flows to & from as stipulated by constitution

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5
Q

Federalism: 4 basic tenets (markets what gov. is)

A

1) National (central) gov. law supreme (Article 6 of Const.)
2) National gov. biggest/most $$ (biggest economy,bigger than states)
3) National gov. can act direct w/ citizens(HOR=national directed ppl elected by the ppl)
4) States can’t opt-out (like Civil War)

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6
Q

Federalism: separation of powers

what are the 3 different types of power?

A

enumerated
implied
concurrent

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7
Q

Federalism: separation of powers

Enumerated, def?

A

powers that are NUMBERED for Congress in the Constitution

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8
Q

Federalism: separation of powers

Implied, def?

A

not listed powers in constitution, flow from powers that are listed to them (implied powers)
ex: Congress has power to raise army->implied that they can draft

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9
Q

Federalism: separation of powers

Concurrent, def?

A

powers shared by highest level (national) & lowest (states & countries)

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10
Q
Establishing federal supremacy 
Article 6 (centripetal)
A

(supremacy clause)

draws from outside in toward center (toward D.C. in fed. gov.)

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11
Q
Establishing federal supremacy 
10th Amendment (centrifugal)
A

power forces things outward (power not given to federal automatically goes to states)

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12
Q

why is there limited gov. by the constitution?

A

bc they only list what CAN be done & it is governed by the ppl
-written set of rules must follow & ppl get to approve of them

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13
Q

McCulloch v. Maryland

A

McCulloch wanted back in Maryland, but Maryland did not want big federal bank bc it would be hard for their local bankers to do business. But had to allow back so they said bank had to give tax to them. Supreme Ct. said no bc state would have power over federal & that’s confederacy (which we already said no to via AOC)
-debate of federal supremacy=not all that clear

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14
Q

John Calhoun: Nullification

A

states have choice of obeying federal laws according to their own discretion
recreation of confederacy
(resulted in Civil War)

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15
Q

National Powers (federal) (6)

A
Coin money
Conduct foreign affairs
Regulate commerce: interstate/international (important when nation expanded)
Army/Navy
Declare war
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16
Q

Concurrent (both national & state) powers (7)

A

Spend $$ for general welfare
Take & reserve private property for public use (w/ just compensation)
Establish courts
Make & enforce laws
Tax
Borrow $$
Charter banks & corporations (like McCulloch)

17
Q

satellites are aka

A

the states

18
Q

State’s powers (6)

A

Establish local governments (ex: township sends to Columbus to become independent)
Regulate intrastate commerce (eg. “Blue laws”, booze, etc)
-within state @ local level, allow certain businesses in Brookpark but not Parma
Regulate time/place of elections (state to state poll access)
Ratify amendments to Constitution
Police powers: public safety, welfare, morality, restaurants
Exert powers not delegated to national gov (10th amend.)

19
Q

Cons of Federalism/sharing

5

A
  • Devalues resources (fed gives to state/local so they’re irresponsible w/ it ex: bday $
  • Foments jurisdictional conflict (if unitary only 1 gov, no back and forth)
  • Foments corruption (local more corrupt bc it’s more accessible to ppl, national=more difficult to reach)
  • Loss of accountability (gov=right->everyone wants credit, wrong->blame bc lots of diff. ppl)
  • Voter apathy (local doesn’t matter, only 1 gov-> greater participation)
20
Q

Pros of Federalism/sharing (3)

A
  • Allows for flexibility (OH vs Virginia life, adjust for diverse states)
  • Allows for national action
  • Diffuses power (‘republican” form)
21
Q

“Intergovernmentalism”

def? all have what?

A

(effort to have layers of gov work together on things)

states, countries, and cities all have lobbyist in D.C.

22
Q

“Intergovernmentalism”

what are “empowerment zones”?

A

(areas that help w/ federal funding)(gov helped OH to boost economy)

23
Q
"Intergovernmentalism"
Federal aid (aka grant) in what 2 forms?
A

Categorical
Block Grants
(both giving $ to the state)

24
Q

“Intergovernmentalism”
Categorical grants
def & who prefers this?

A

detailed grant dictated by ppl lending $ (Congress prefers this way bc they can take credit for lending $)

25
Q

“Intergovernmentalism”

Block Grants

A

give $ & let state & local level decide how it should be spent (ppl receiving prefer this)

26
Q

“Intergovernmentalism”

what is the opposite form of granting called? def? ex?

A

Un-funded mandate- law from federal gov demanding states do something w/o helping them pay for it
ex) after 9/11 told states to put together emergency plans

27
Q

Federalism as Cake

what are the different types of federalism?

A

Dual Federalism
Cooperative Federalism
Devolution & New Federalism

28
Q

Dual Federalism

A

layer cake= HIGHLY DIVIDED

-fed gov has its layer & then state & then local

29
Q

Cooperative Federalism (dual->WW2->cooperative)

A

marble cake

-all work together, mix

30
Q

Devolution & New Federalism (cooperative->postwar)

A

reversing evolution process to go back to dual

-cooperative failing-> return back to dual