Federalism Flashcards

(47 cards)

1
Q

Federalism

A

a “division of powers” between the federal and state government.

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2
Q

Dual system of gov

A

2 levels, federal and state

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3
Q

Major strength

A

allows for local action for local concerns and national action for national concerns!

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4
Q

subunits

A

Local government are “subunits” of the State government

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5
Q

what are the types of Powers

A

Delegated, reserved and concurrent

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6
Q

supremacy clause

A

resolves conflicts between the two levels of government by setting up a “ladder of laws”

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7
Q

ladder or laws

A

United States Constitution
Acts of Congress/National laws
State Constitutions
State Laws
City/County laws (local)

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8
Q

supreme court

A

acts as the “umpire” of the Supremacy Clause
Makes rulings and final decisions!

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9
Q

The National Government’s obligations to the States

A

1) Guarantee states a republican form of government: (Representative)
2) Protect states against foreign invasion and domestic violence: (Make war/Keep peace)
(Attack from other countries/terrorism, and riots at home and natural disasters)
3) Respect territorial integrity of states: (Recognize states boundaries)

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10
Q

in what article is based the obligations of the national gov to the states?

A

article IV

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11
Q

who holds the power to admit new states?

A

Congress

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12
Q

procedure of admitting a new state

A
  1. Territory petitions Congress for admission
  2. Enabling Act passed- Congress gives the territory permission to set up a state constitution
  3. Popular vote (people vote)
  4. Act of Admission- Congress agrees to grant statehood
  5. President signs into law
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13
Q

Two types of Federalism- in our history

A

Dual Federalism:
Cooperative Federalism

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14
Q

how the Federal government helps the states:

A

a. federal grants-in-aid
b. FBI assists state and local police
c. Trains the National Guard for the states
d. Takes a Census for the states

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15
Q

Types of Federal Grants

A

Categorical grants
Block grants
Project Grants

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16
Q

types of delegated powers

A

expressed, implied and inherent

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17
Q

expressed delegated power

A

spelled out in so many words in the Constitution- 27 powers. examples: lay and collect taxes, coin money, and declare war, etc.

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18
Q

implied delegated power

A

powers reasonably suggested, but not stated in the Constitution, also known as the “necessary and proper clause” or “elastic clause”
-there are thousand of these!

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19
Q

inherent delegated power

A

powers given to the national government because it is a government of a sovereign state- (inherited)
-few in power

20
Q

reserved powers

A

Power of the 50 states:
those powers that the Constitution does not grant to the national government

21
Q

concurrent powers

A

powers that both the stated and National Government share

22
Q

dual federalism

A

1788-1937
Government power was strictly divided by the states and national government-
*National government was small!

23
Q

cooperative federalism

A

1937- today
Established social programs to assist states with regulation-
*National government became very large!

24
Q

what type of federalism we use today?

25
what event make the us to be a cooperative federalism?
great depression
26
what grants did the federal gov give in the 1800's?
land
27
what grants do the federal gov give today?
money
28
for what programs are used the grants of money from the feral gov?
Education Mass transit Highway Construction Health care
29
categorical grants
used for specific purpose/programs such as college tuition, school lunch, water treatment, etc.
30
block grants
used for large broad programs such as welfare and Medic-care aid
31
project grants
used for projects such as medical research (cancer/aids) - Given to private and government agencies
32
how do states help the federal gov?
State and local police assist the FBI States run the naturalization immigrant program States run all national elections
33
what are interstate relations and how many programs are?
Ways in which states help each other- (4 programs)
34
what are the interstate relations programs?
Interstate compacts full-faith and credit extradition privileges and immunities
35
between where are the interstate compacts mostly do?
most between states and foreign countries
36
what are interstate compacts?
Agreements among 2 or more states/foreign states
37
what issues interstate compacts deal?
Conservation of resources (water, oil, wildlife, etc) Fighting forest fires Combat water/air pollution Harbor control
38
in what 2 interstate compacts have all the 50 joined?
-Compact for the Supervision of Parolees and Probationers -Compact on Juveniles Delinquents
39
in what is based full-faith and credit?
States must recognize the validity of records, documents, and civil court decisions in other states (all have to be recognize)
40
what are the things that states must recognize under the full-faith and credit program?
-Documents/Records (birth certificates, marriage licenses, property deeds, etc) -Civil court decisions (wills, divorce decree, etc)
41
which are the 2 exceptions that are allowed in the full-faith and credit program?
-Quickie divorces: (Williams v. North Carolina) -One state does not enforce another state’s criminal laws
42
what's extradition?
The legal process by which a fugitive from justice in one State is returned by another state
43
what does the extradition prevents?
Prevents fugitive from escaping justice!
44
what the program privileges and immunities says?
States cannot draw unreasonable distinctions (discrimination) between their own residents and residents of other States
45
what must the privileges and immunities program allow?
Must allow them to buy, own, rent, or sell property, or marry within it borders, make contracts, etc.
46
what are the reasonable distinctions
ways in which a state can discriminate
47
mention the reasonable distinctions under the privileges and immunities program
Can’t vote Can’t hold Can’t practice law, medicine, teach, etc. (without state certification) Charge more for college tuition/Hunting and fishing licenses, etc.