Chapter 3: Federalism Flashcards
(38 cards)
Intergovernmental relations
The workings of the federal system- the entire set of interactions among national, state, and local governments
Importance of Federalism
- decentralizes power
- layers allow more opportunities for political participation
- more access points allow for more ways to satisfy the public
- few sources of conflict at the national level (states make decisions)
- enhances judicial power because courts can fix issues between the two levels of government
- decentralizes powers (policy is subject to both the central and state governments)
Enumerated powers/ expressed
Powers of federal government that are specifically addressed in the Constitution
for Congress these powers are listed in article 1 section 8
Concurrent powers
Powers shared by state and federal government may be exercised simultaneously
Reserved powers
Power is not enumerated in the Constitution and are therefore given to the states
10th amendment
Rights not enumerated to the national government are reserved to the state governments or the people
Supremacy clause
Article 6 of the Constitution which makes the Constitution national laws and treaties supreme overstate laws when the national government is acting within its constitutional limits
Implied powers
Powers of the federal government that go beyond enumerated powers the Constitution.
Come from necessary and proper clause
McCulloch v. Maryland
And 1891 Supreme Court decision that established the supremacy of national government overstates
Chief Justice Marshall held that Congress had implied powers
Necessary and proper clause/ elastic clause
Final paragraph of article 1 section 8 of the Constitution which authorizes Congress to pass all laws “necessary and proper” to carry out enumerated powers
National supremacy established by
- Implied powers elaboration
- Commerce clause def.
- Civil war
- Struggle for racial equality
Commerce clause
Cause three article 1 section 8
Congress has the power to regulate commerce with foreign nations, among states, and with Indian tribes
Gibbons v. Ogden
1824 Supreme Court interpreted commerce clause broadly, giving Congress the power to regulate interstate commerce and encompassing virtually every form of commercial activity
Ex. Radio signals, electricity, telephone messages, the Internet, insurance transactions
Civil war
Struggle between states and national gov.
Struggle for racial equality
National gov. v. States
Supremacy of national government
States Obligations to Each Other
Outlined in intrastate commerce Article 4 of constitution
Sec. 1- full faith and credit
Sec. 2- privileges and immunities & extradition
Sec. 3- states can be added, but not formed from existing states without consent & congress controls territories
Sec. 4- national gov. protects from invasions and domestic violence
Full faith and credit
A clause in article 4 section 1 of the Constitution
requiring each state to recognize the official documents and civil judgments rendered by the courts of other states
Keeps people from escaping obligations
Debate- gay marriage
Privileges and immunities
A clause in article 4 section 2 of the Constitution according citizens of each State most of the privileges of citizens of other states
Prevent state based discrimination
Except- state university & state residents in elections or taxing hotels
Extradition
A legal process whereby an alleged criminal offender is surrendered by the officials of one state to officials of the state in which the crime is alleged to have been committed
Dual federalism “layer cake”
Government system in which both the states and the national government remain supreme within their own spheres
separate policy responsibilities
More common earlier on
Cooperative federalism
Government system in which powers and policy assignments are shared between states and the national government
(National has more power then in dual)
- they may also share costs, 2. administration, and blame
More common today - Federal guidelines with strings attached
Devolution
Transferring responsibility for policies from the federal government to state and local governments
Happened in the 1990s with congress mainly republican to achieve policy objectives
Republicans v. Democrats
Democrats support the increase of federal government Republican support the increases state and defensive state authority
Fiscal federalism
The pattern of spending, taxing, and providing grants in the federal system; it is the cornerstone of the national government’s relations with state and local governments
